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COPYRIGHT DEPOSm 



LAW AND BUSINESS OF ENGINEERING 
AND CONTRACTING 

FOWLER 



Boof?s b^ tbe same autbor 



ORDINARY FOUNDATIONS 

Second Edition 
8vo 314 pages $3.50 



ENGINEERING STUDIES 

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GENERAL SPECIFICATIONS 

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LAW AND BUSINESS 

OF 

ENGINEERING AND CONTRACTING 

WITH NUMEROUS FORMS AND BLANKS FOR 
PRACTICAL USE 



BY 

CHARLES EVAN FOWLER 

CIVIL EKGINEER 

MEMBER AMERICAN SOCIETY OF CIVIL ENGINEERS, MEMBER CANADIAN 
SOCIETY OF CIVIL ENGINEERS, MEMBER SOCIETY FOR THE PROMO- 
TION OF ENGINEERING EDUCATION, LECTURER UNIVERSITY 
OF WASHINGTON, PAST PRESIDENT PACIFIC NORTH- 
WEST SOCIETY OF ENGINEERS, PAST 
PRESIDENT SEATTLE BOARD OF 
PARK COMMISSIONERS 



" The simplest natural objects have bearings which calculation does not 
touch, and appearances and relations which definition fails to include." 



NEW YORK 
McGRAW PUBLISHLNG COMPANY 

239 WEST 39th STREET 
1909 



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LIBRARY of CONGRESS 
Two CoDies Received 

FEB 10 1909 

_^ Copyru.it tntry 
CLASS a^ XX& No. 
COPY a. 



Copyright, 1900, 

BY THE 

McGRAW PUBLISHING COMPANY 
NEW YORK 



Stanbope iPress 

F. H. GILSON COMPANY 
BOSTON. U.S.A. 



^- //>0 ?/., 



PREFACE 



The matter contained in this book is the result or elabora- 
tion of a series of lectures delivered to the engineering stu- 
dents of the University of Washington during several years 
past. The additional matter that has been added in the shape 
of forms of contracts, specifications, and blank business forms 
will be found of advantage to both the student and the prac- 
ticing engineer, and it is hoped that the entire work will be a 
valuable addition to the engineer's library. 

It is sincerely hoped that the discussion of the relation 
between the engineer and contractor in Chapter I will result, 
in many cases, in a better feeling between the engineer and the 
contractor as they may come together on contract work. The 
writer has made it a lifelong study to further the good feeling 
that should exist between them, but must confess to having 
made so little progress as to despair of seeing a better condi- 
tion of affairs result. Yet the writer is convinced that by 
continually keeping at it, on the part of those having this 
matter at heart, much good will eventually come about. 

The subject of ordinary forms of contracts is one on which 
there has been much written, and is a subject on which the 
engineer should be well posted as to fundamentals. In addi- 
tion to reading the standard works on the subject of contracts, 
it is very easy for each engineer to get together such standard 
forms as are valuable and file them in shape for handy refer- 
ence. It is believed that the forms given herein will be found 
of much use to everyone as a basis for a larger collection. 

The subject of ordinary specifications, as treated in Chap- 
ter III, is intended to serve as a discussion of the anatomical 
structure of ordinary specifications. No better specifications 
ai'e to be found in the world than those iu use by the great 

V 



vi PREFACE 

railroad systems of this country ; and practically all of those 
published by the engineering journals and kept on sale for 
general use are of the best of their respective kinds. 

Specifications of the War and Navy Departments, as dis- 
cussed in Chapter IV, are models of concise description of the 
work to which they refer, although it is best that the engineer 
should so carefully study the construction for which he is to 
let a contract that nothing is left to the judgment of the bidder, 
although this is not always possible. 

In drawing up a special contract, as set forth in Chapter V, 
it is necessary to be fully conversant with all of the contin- 
gencies that are likely to arise on the work in question, and to 
cover everything as fully as possible, so as to leave as small a 
number of matters for dispute as may be. A short discussion 
is given of the principal kinds of insurance, and the engineer 
should be conversant with the ordinary forms of insurance and 
ordinary forms of policies. The fundamental principles gov- 
erning the formation and operation of corporations should be 
fully understood by the engineer and the contractor. 

The inspection of engineering work, as discussed in Chap- 
ter VI, is intended to cover this subject in only a general way, 
and each one engaged in contract work, whether on the engi- 
neering or the contracting side, should keep a loose-leaf book 
with all the data necessary for the inspection of each class of 
materia] and of each class of construction. 

The subject of estimating quantities and costs is the largest 
subject with which the engineer and the contractor have to 
deal, and while numerous books have been published on the 
subject, they are only of value in a general way, and are to be 
referred to with great caution, particularly as regards the cost 
of doing work. On each contract undertaken conditions 
are different from anything that has been done before, and 
the engineer or contractor who does not take cognizance of 
local conditions and use his judgment in raising or lowering 
tabulated costs of similar work, is sure sooner or later to come 
to grief. This is more particularly true as to the amount of 
work that any particular piece of plant will do, as the amount 



PREFACE vii 

actually done is very often only a fraction of what is guar- 
anteed by the makers of the machinery, due to local causes of 
which they have no knowledge. 

The subject of bidding on work is discussed in Chapter VIII, 
but it is well to remember that the very successful contractor, 
like the real artist or real musician, is born and not made to 
order. While you may become acquainted with hundreds of 
contractors, you will only run across a few in your lifetime 
who are fully suited to the business. 

Organization of work, as discussed in Chapter IX, is gone 
into in a very general way, inasmuch as, in every case, " the 
punishment must be made to fit the crime," but in almost every 
concern there is a useless amount of organization, or red tape, 
that seriously hinders or impedes the work. 

The subject of Contract Law has been covered in Chapter 
X, in a synopsis or outline, which has been gathered from 
" Clark On Contracts " in the Hornbrook Series, which the 
reader is advised to add to his library. 

The subject-matter of the entire book has developed largely 
as a personal relation between the writer and a class of stu- 
dents, and the endeavor has been made, in revising and enlarg- 
ing, to remove the personal element as much as possible. It 
is hoped that it has not been retained to the extent that it 

will be obtrusive. 

CHARLES EVAN FOWLER. 

Seattle, Wash., 
November, 1908. 



CONTENTS 



CHAPTER PAGE 

I. The Relation between the Engineer and Contractor 1 

II. Ordinary Forms of Contracts . . 10 

III. Ordinary Specifications 33 

IV. Special Forms of Specifications 54 

V. Special Forms of Contracts 88 

VI. Inspection of Engineering Work 94 

VII. Estimating Materials and the Cost of Engineering Struc- 
tures 106 

VIII. Bidding on Engineering Work . . 123 

IX. Organization of Contract AVork 133 

X. Essentials of Contract Law 142 

Index 153 



IX 



LAW AND BUSINESS OF ENGINEERING 
AND CONTRACTING 



CHAPTER I. 

THE RELATION BETWEEN THE ENGINEER AND 

CONTRACTOR. 

In seeking for some illustration of the relationship which too 
often exists between the engineer and the contractor, no more apt 
parallel comes to mind than the relation existing in an old-fash- 
ioned horse trade between two horse traders. The picture is a 
familiar one to some of you, no doubt, of the two traders with 
their questionable steeds, watching each other out of the corners 
of their eyes, while each makes an examination of the other's 
horse. All of the tests known are tried to see if the horse's eyes 
are good ; his teeth are examined to make sure of his age, and 
the examination is a very careful one at that, to make sure that 
the horse's teeth have not been filed up for the occasion. The 
horse is paced around to see if it is string halt or lame, likewise 
trotted a distance to see if it is wind-broken, run down hill to 
see if it is stove up, and examined for ringbone, spavin, and all 
the ills that horseflesh is heir to. Then dickering begins as to 
the amount of boot to be paid by one or the other, each word 
and action indicating the distrust that the one horse trader has 
for the other. 

While, perhaps, the engineer sometimes has grounds for so 
treating the contractor, owing to his having at some time fallen in- 
to the hands of a contracting firm that did not treat him squarely, 
and while the contractor on the other hand has reason to mistrust 
the engineer, by reason of his having some time or other been up 
against a too exacting engineer, I am sure that a great deal of 
the trouble that is often found to exist on contract work, between 
the engineer and contractor, would be avoided if the parties 
met in business relations with less suspicion and distrust each 
of the other. 

1 



2 ENGINEERING AND CONTRACTING 

As to some of the fundamental reasons for such a feeling, it 
is well in the first place to examine the education of the engineer. 
Unfortunately a large proportion of those going into engineering 
practice have never had any business training. Happy indeed 
is the engineer who has been fortunate enough to have had some 
years of business training prior to attending a university, as a 
very large proportion of engineering work entails the necessity 
for the carrying out of considerable business in connection there- 
with. In fact, there is no branch of business with which it is 
not a splendid idea for an engineer to be more or less conversant 
and to have more or less at his fingers' ends. As a matter of fact, 
the engineer usually graduates without any business training 
whatever, having spent the years previous to his college work 
in the common schools and high school, with little opportunity 
for rubbing up against business affairs, either small or large. 
This is one reason why a great many engineers are being so 
poorly paid for the services rendered. It is no unusual thing to 
find an office with fifteen or twenty engineers and draftsmen 
employed, where there are only two or three who have had any 
business experience, the training of the majority having been 
entirely along the lines of trigonometry, analytical geometry, 
calculus, astronomy, mechanics, a little work in literature, polit- 
ical economy, and the engineering studies required in the ordi- 
nary college course. 

These studies are all very well in their way, but the engineer 
who is a good accountant, who writes a good hand, and who has 
some idea of business principles, has a great lead in the race 
over his fellows when starting into the practice of any branch of 
engineering. The average young engineer must fully realize that 
for the first year or so his services are of questionable monetary 
value. One of the writer's assistants for many years objected 
very strongly to the number of new graduates that were taken 
into the office every spring, saying that he was obliged to 
practically do their w^ork all over, at least the assistance and 
explanations required were of more bother than their work 
amounted to. This would be much changed if the college 
graduate had a reasonable amount of business training. 

While referring to this matter, it may not be amiss to tell 
how the new graduate is often received by the practical man 
when he comes in contact with either the practical field engineer 



RELATION BETWEEN ENGINEER AND CONTRACTOR 3 

or the practical man with whom he finds work. The writer's 
first position was with one of the eastern railroads which owned a 
large amount of coal lands. The assistant engineer, or transit- 
man, was a man who had worked up from axe-man, and who thor- 
oughly despised the sight of a college graduate. Every move 
made by a new man was severely criticised, and problems were 
constantly brought up intended to stump the beginner in prac- 
tical work. One of the duties of the office each month was the 
measurement of the coal taken out of the mines, by measuring 
up three dimensions of each room, and then the office work of 
multiplying each set of three dimensions together to get the cubic 
feet of coal removed, which result was afterwards multiplied by 
a constant to arrive at the number of tons. As this assistant had 
become very proficient in making these multiplications, the 
writer's attempt to expedite the work by using a slide rule was 
ridiculed. But by the use of a reciprocal scale the three numbers 
could be multiplied together by one operation, therefore the 
practical man had to acknowledge himself defeated. In another 
instance a curious turnout problem which had been found impos- 
sible to solve by any ordinary method was proposed. After the 
solution of it by the application of analytic geometry and calculus, 
nothing more was heard of anything being impossible, and so far 
as the writer was concerned this particular instance was a final 
victory. Contractors are wont to treat young engineers with 
a similar disdain because so many of their ideas are purely 
theoretical. In recent years, however, it is more and more com- 
mon that contractors on important works and skilled engineers 
of large contracting firms appreciate the fact that all engineers 
must got a start and gradually become acquainted with the prac- 
tical side of work. The training of a contractor is usually of a 
more positive character than that of an engineer, inasmuch 
as he learns immediately what can be done with the forces of 
nature, and what results when they are defied. 

The engineer must remember that it is necessary to meet a 
contractor on some common grounds. When the engineer is 
diplomatic in giving his instructions and suggestions, the con- 
tractor soon learns to value his appearance upon the work, for he 
finds the engineer of more value than harm. 

A large piece of work which the speaker has in mind, cost- 
ing nearly one million dollars, was recently carried out under the 



4 ENGINEERING AND CONTRACTING 

direct charge of a young engineer of six or eight years' experi- 
ence. While careful to see that the spirit of the plans and spe- 
cifications was complied with strictly, he rendered such signal 
service to the contractors that they became fast friends; for there 
can be no question but that the assistance so rendered the con- 
tractor represented the difference between a loss and a handsome 
profit. As is true in every other walk in life, there is no ques- 
tion that contractors are met with who are constantly seeking to 
take unfair advantage; yet it should be a satisfaction to both 
engineers and contractors to be able to point to works executed 
throughout a lifetime, every one of which is a source of pride. 

On the other hand it is a very common fault with engineers 
to entertain suspicions of all contractors, and to enforce rigidly 
the clause of a specification, where changes proposed by the con- 
tractor would very much improve the work. An engineer should 
remember that it is out of the question for any specifications to 
be more than a general guide in many respects, as is recognized 
by the quotation printed on the cover of the writer's ''General 
Specification for Steel Roofs and Buildings": ''The simplest 
natural objects have bearings which calculation does not touch, 
and appearances and relations which definition fails to include." 

It is advisable to call attention at this point to the fact that 
a great deal of trouble between engineers and contractors is due 
to a lack of diplomacy on the part of the engineers' inspectors. 

Large and important contract works usually have a resident 
engineer in direct charge, to whom are referred all questions of 
any importance ; and as he is usually an engineer of considerable 
experience, it may be assumed that his experience with men and 
affairs guarantees a reasonable degree of diplomatic ability. 
Where the work is of medium size or of minor importance, an 
inspector is employed who is not an engineer but a man with 
some practical knowledge. 

It is a pleasure to state that in an experience of twenty years 
it has been the writer's good fortune to find these men as a 
rule very agreeable and capable, but occasionally one is met 
with who, while he may have a good knowledge of his work, has 
no aptitude for getting along with men. The result in such a 
case is simply to "queer" the whole job, whereas by the exercise 
of a reasonable amount of diplomacy all would be harmony 
and the best results would be obtained in the execution of the 



RELATION BETWEEN ENGINEER AND CONTRACTOR 5 

work. Such an inspector usually fools himself, for he does not 
get as good work as the contractor is ready to furnish. The 
specifications on a large amount of steel work called for painting 
with turpentine asphaltum, and the contractor purchased a 
supply of sixty-five-cent asphaltum in barrels. The inspector 
was incensed that he had not been consulted before its purchase, 
although no particular brand was specified. He demanded that 
numerous samples of various brands be ordered for him to 
select from. These were obtained, and tried by him, with the 
result that he selected a thirty-cent asphaltum, and the better 
brand already bought was set to one side. Had he known how 
he cheated himself, you can imagine he would have appreciated 
that it is well to have faith in the integrity of the contractor 
until such a time as he has proved not to have warranted such 
confidence. 

While we read a great deal about dishonest inspectors, you 
may rest assured that such stories are often greatly overdrawn, 
as you will find them no worse than the rest of mankind. More 
harm is done by the 'Hoo honest inspector," if we may assume 
such a degree of goodness, than by the dishonest one. As one of 
our prominent engineers said to the writer once in speaking of 
such a man, ''He is so honest he leans over backwards." Later 
we shall discuss the clauses in specifications which are so drawn 
that the engineer or inspector can, if he so wills, cause great 
monetary loss to the contractor by demanding better work than 
was contemplated. Such a clause would be one which required 
everything to be furnished to the satisfaction of the engineer, 
after all had been specified of certain brands and qualities. The 
engineer would see that he might curry favor with his principals 
by demanding that some other kind of material be used 'Ho his 
satisfaction." 

The engineer should endeavor to be, in so far as is possible, 
a mediator between his principals and the contractor, seeing that 
the one gets the result paid for, or results equally as good, and 
that the other gets the best show possible to make money in 
carrying out the work to reach the desired end. Specifications 
should, so far as possible, leave the method of doing the work to 
the contractor, as one contractor may have plans and methods 
different from those known by the engineer, which will enable 
him to bid much lower than his competitors. 



6 ENGINEERING AND CONTRACTING 

It will doubtless be understood what is meant when the state- 
ment is made that often the engineer leaves too much in the 
hands of his young assistant. The graduate in beginning his 
professional career must not value lightly the responsibilities of 
his work, but must decide all questions submitted to him in as 
judicial a manner as possible, calling upon his chief for instruc- 
tions and information whenever any doubt exists. Lest some 
one may interpret this as a bid for temerity, let me state that 
such is not the case, as one of the first things to know wisely 
is yourown powers, taking for your motto, '* Nothing is impossible 
to the engineer." Time and again has the beginner come to me 
with the declaration that this or that feature was impossible; but 
he soon learned that there were always ways to accomplish the 
most difiicult engineering feats. 

Some clauses and features of specifications which make trouble 
between the engineer and the contractor have already been men- 
tioned, and we may briefly refer to some other points which 
should be avoided in writing specifications for any work. 

All requirements should be sincere, and not made with the 
view to becloud the minds of the bidders; even where the engi- 
neer is sincere, clauses may be contradictory and thus obscure 
the intent. 

Some engineers are entirely too general in their specifications, 
so no two bidders on the work will bid on the same thing. There 
is danger on the other hand of being too exacting, making it 
difficult for some bidders to comply. Frequently there are cases 
where no bids at all are received, because no bidder can be found 
who is willing to try to satisfy so exacting an engineer. 

There may be clauses so drawn as to be not only exacting but 
to make it practically impossible for the contractor to comply. 

Mention has already been made of the wisdom of leaving the 
method of doing the work to the contractor, as the ideas of the 
engineer as to plant and method may be much more expensive 
than necessary. One of the largest bridges which have been con- 
structed in this country, on which the writer was engineer to 
the contractors, was let to a firm which in turn sublet half of 
the work of erection. The engineer of the original contracting 
firm conceived a splendid scheme of erection, and thousands upon 
thousands of dollars were spent on the plant. Fortunately the 
subcontractors were not bound to this method on the duplicate 



RELATION BETWEEN ENGINEER AND CONTRACTOR 7 

half, and after due consideration by the writer of these expen- 
sive plans, a scheme was formulated which resulted in a saving of 
upwards of three thousand dollars in the initial cost of doing 
the work. 

Clauses which in any case favor one manufacturer or one 
bidder as against others should be avoided. When it seems neces- 
sary to specify one particular brand of material or supplies, the 
bidder should be allowed to supply any other make equally as 
good. In saying this, it is not the intention to rehash the stereo- 
typed drug-store joke about having something equally as good. 

It is frequently possible for the engineer to copy portions of 
an old specification for use on some new work, and too often 
this is turned over to a clerk or stenographer, and the engineer 
fails to check over the new copy, with the result that clauses 
creep in which do not belong there and which cause trouble. 
This is apt to reflect on the engineer's ability, and in some cases 
on his integrity; or perhaps litigation may result. A case of 
this kind recently occurred, where a clause copied by mistake 
required the contractor to furnish expensive work which he had 
not figured on, and a suit resulted at great expense, in which 
the contractor was finally victorious. He was reimbursed for 
the more expensive construction, as the clause was obviously 
extraneous. 

When the engineer has received the bids and some are found 
to be too abnormally low, he is simply inviting trouble for himself 
and for his principals if any of such bids are accepted. That is, 
this is the case in the great majority of instances, although there 
are times when good and responsible contracting firms take work 
low simply to keep part of their forces employed. 

The methods of payment for work which are often specified 
are conducive to great friction, as some specifications call for the 
retention of from fifteen to thirty per cent of the monthly esti- 
mates until the completion of the w^ork. Many engineers do not 
appreciate the large amount of capital necessary to carry on a 
contracting business, or they would limit such retention to not 
more than ten per cent. When good bonds are furnished by the 
contractor there is no need for anything to be retained at all; 
and as a result the woi'k can be let more cheaply. Not content 
witli retaining such a large pc^-centage of the monthly payments, 
some engineers make their monthly estimates abnormally low, 



8 ENGINEERING AND CONTRACTING 

so that in effect often fifty per cent is held back. Do not let work 
to a contractor from whom you would deem it a necessity to 
retain more than ten per cent of the monthly estimates. 

Much has been said of the part the engineer should play 
toward harmony with the contractor, and it will not be amiss to 
tell some of the things a contractor should do to the same end, 
as some readers will doubtless be contractors or contractors' 
engineers. 

The contractor should take a contract expecting to carry out 
the work strictly in accordance with the specifications, or at 
least he should put in a bid on this basis, and then submit 
supplementary bids based on any changes he desires to make 
either in the make-up of the work or in the method of doing it. 

Where the specifications do not give preference as to method 
and the contractor proposes to use some new or novel method, 
or one which he may have doubts about being pleasing to the 
engineer, he should thoroughly discuss this before bidding. 

The contractor should let contracts for his materials with the 
distinct understanding that the material man is to fulfill the 
specifications exactly and to fully satisfy the engineer. 

Should the contractor let any subcontracts, it should be only 
to thoroughly reliable parties, or such as he would be satisfied 
to have execute work for him personally. 

Plant of the best kind should be supplied, and if old plant 
is used it should be put in good repair. This is always best, 
as good plant will often insure a profit on work, where the use 
of old plant would cause loss. Where new plant is to be pur- 
chased, it should be satisfactory to the engineer, ever3rthing else 
being equal. 

The class of labor employed is often a source of contention, 
but any trouble from this source can be avoided by employing 
only the better class of help of every kind, as you will find, for 
example, that a mechanic skilled enough to be paid S3. 50 per day 
will do from twenty to twenty-five per cent more work than the 
average workman paid standard wages of say $3.00 per day. 

When it comes to foremen and subforemen, the matter of dif- 
ference in wages between the best man you can get and one of 
average ability amounts to nothing at all from a financial point 
of view, as compared to the saving in the carrying out of the 
work, the handling of men, and the satisfying of the engineer. 



RELATION BETWEEN ENGINEER AND CONTRACTOR 9 

In closing, let me quote the foreword of Cooper's Specifications, 
for the guidance of both the engineer and the contractor : 

*'The most perfect system of rules to insure success must be 
interpreted upon the broad grounds of professional intelligence 
and common sense." 

Instead of the modern principle of *'Do others before others 
do you," let the motto be the one which has won out from time 
immemorial, ''Do unto others as you would have others do unto 
you." 

In carrying out this principle it need not be forgotten that 
it is necessary to arise early in the morning and keep wide 
awake all day to see that you get your just dues and that the 
other fellow doesn't do you. 

If any one is disposed to forget that "Honesty is best,'' don't 
let him forget that, at the very least, "Honesty is the best policy." 



CHAPTER II. 

ORDINARY FORMS OF CONTRACTS. 

Before taking up the subject of ordinary contracts, it is 
well to impress upon the mind of the reader some ideas about 
business, especially the necessity for promptness and punctuality 
in keeping appointments. One of the worst things about some 
business men is that they do not keep their appointments. 

When going into business, do not forget when an appoint- 
ment is made to keep it. A business man's time is worth money. 
An engineer's time is worth money, and to compel him to sit 
around for a half hour or more waiting for a man to keep an 
appointment is really losing money for him. 

I would first call the reader's attention to the book on 
Commercial Law by Bolles, which is a good short treatise. 

The first thing to take up, in connection with the subject of 
contracts, is the definition of a contract. In paragraph four 
of the introduction you will find about as good a definition of 
a contract as you can find anywhere. It is as follows: ''A 
contract is an agreement to do, or not to do, a particular thing." 

'^Walker's American Law" is a book that may be recommended 
on this subject. One cannot do any better for law reading than 
to buy '^ Walker's American Law." It goes into the fundamental 
principles of law more simply than Blackstone, and it is particu- 
larly applicable to this country. Now Walker gives several 
definitions of a contract. He says, ''Writers have given vari- 
ous definitions of a contract, of which I shall quote but three. 
Blackstone says it is an 'agreement, upon sufficient considera- 
tion, to do or not to do a particular thing.' Powell says it is 'a 
transaction in which each party comes under an obligation to 
the other, and each reciprocally acquires a right to what is 
promised by the other.' The French definition, taken from, the 
civil law, is, 'a convention by which one or more persons obli- 
gate themselves to one or more other persons, to give, or to do, 
or not to do something.' " 

The contract marked ''A" (page 17), it will be noted, starts 
out in the manner usual to all contracts. The first clause can be 

10 



ORDINARY FORMS OF CONTRACTS 11 

committed to memory and used in the same form in any con- 
tract. After the words ''and conckided" always insert, "in 
duphcate" or in 'Hriphcate," or whatever it may be, according to 
the number of copies executed. You will always know then 
how many copies of a contract there are in existence, and in 
case of a suit the court can have such copy or copies produced in 
evidence to show up the meaning of any disputed illegible clause. 

The contract which you are to draw up is with the Uni- 
versity Contract Company for the building of a bridge across the 
Spokane River, in Spokane County, and should read like this: 
'"This agreement made and concluded in duplicate this 25th day 
of July, 1904, by and between the University Contract Company 
of Seattle, incorporated under the laws of the State of Washing- 
ton, party of the first part, and the Board of County Commis- 
sioners of Spokane County, State of Washington, party of the 
second part." That wording is probably as simple as any that 
can be gotten up for the opening clause of a contract. 

It is very usual, as will be found in Form ''B" (page 18), 
after the first statement of names, to designate the parties to the 
contract by some shorter term ; thus the party of the first part in 
agreement '^B" is thereinafter referred to as the '^ Contractor,'* 
and the party of the second part, which is in this instance the 
Washington Western Railway Company, is thereinafter desig- 
nated the ''Owner." Then, after reciting who the parties are 
and their places of residence, you will notice Contract "A" 
follows with a clause which should be a separate paragraph. 
You will see it in Form "B" (page 18), beginning "Witnesseth," 
which is the usual form for the second paragraph of almost every 
contract, and which is the form to be kept in mind. The second 
clause starts out with, " Witnesseth, that for and in consideration 
of the payments hereinafter mentioned the party of the second 
part agrees," etc. 

One of the first things required in a contract is a considera- 
tion. If there is no consideration named, the contract will not 
be valid, so when there is no large consideration in money it is 
usual to put in there, "For and in consideration of the payment 
of 'onedollar' or 'fivedollars,' " or some small amount, so that there 
is a consideration stated, even if it is no more than one dollar; 
but if it is a contract of considerable size, and one in which sev- 
eral payments are to be made, then it is generally stated " For 
and in consideration of the payments hereinafter mentioned." 



12 ENGINEERING AND CONTRACTING 

The other elements of a contract are, in the first place, the 
two or more parties to the contract. Very often we have a 
contract with three parties one of whom has to give assent or 
to approve of the contract between the other two. 

The next item is the subject-matter of the contract which 
must be a lawful one, as of course any agreement to do an unlaw- 
ful thing would of itself render the contract null and void. 

Then comes the matter of agreement. The agreement must be 
a mutual understanding between the parties, and, of course, a 
party in signing the contract admits the understanding of all the 
clauses, so that makes it a mutual agreement by the voluntary 
signing of the contract by the parties. 

The following data can be used and an entire contract ''A" 
written out, filling in the blanks. In giving the names of the 
parties where either or both of them are incorporated be careful 
to state that it is a corporation, or that they are incorporated. 
In the bridge contract, have the name of the Contracting Com- 
pany, where located and where incorporated; and then the 
^' Board of County Commissioners of Spokane County." Fill in 
the next blank space, that the work is to be done according to 
the plans and specifications submitted, and is for the sub- and 
superstructure of a bridge. The location of the bridge can be 
filled in as being over the Spokane River, and it is to have two 
concrete piers as shown on plan ^'A.'^ It is a very wise thing 
to write out — not only to recite that there is to be two concrete 
piers — but to write out and specify by letter or number on what 
drawing those piers are shown. All drawings and plans should be 
fastened to the contract or, preferably, signed by the parties to 
the contract, and thereby made a part of the contract itself. 
There is a steel span 300 feet in length shown on plan "B, " and 
two approaches fifty feet in length shown on plan *^C." The 
work is to be completed by January 1, 1905. As data for filling 
in these descriptions I have merely jotted dow^n the bare items, 
but it would be well if there is any special thing in regard to the 
site of the bridge which should be specified to have it so stated in 
the contract. Of course the contractor is supposed to go and see 
the site and satisfy himself concerning all the conditions. The 
site may not be in condition to allow him to go ahead with his 
work, the road approaching may not be graded, or there may be 
some obstructions; therefore it would be well to state any partic- 
ulars in regard to this, in order to avoid misunderstanding by 



ORDINARY FORMS OF CONTRACTS ^ 13 

the parties. In a great many cases, if unavoidable delays come 
up, the contractor cannot be held for damages for the completion 
of the work at a certain time, unless there is some specific clause 
requiring him to pay damages for delays beyond a certain time, 
and stating also that he would be entitled to a bonus for the 
completion of the work if done in a shorter time than that speci- 
fied in the contract. But a penalty referred to as ''liquidated 
damages" is collectible. It is usual in a contract for a bridge 
to put in a date when the party will have the site ready for 
building the bridge, so then in that clause fill in that the site of 
the bridge is to be ready by August 1, 1904. The amount of 
the contract price is $45,000. When writing in the amount in a 
contract, do not simply set it down in words, but always write 
in the amount in figures; for instance, if it is a matter of ten 
dollars, write the words ten dollars, putting the amount in 
figures in parentheses between, like this, Ten (10) Dollars. In 
case the ''Ten" should become blurred, there will be no question, 
for the figures have been used as well. This contract is for the 
sub- and superstructure complete. Very often there is nothing 
paid to the contractor until the work is completed ; but in large 
contracts the payments are usually made on monthly estimates 
by the engineer in charge. So we will make the first payment 
here $10,000 on the delivery of the steel or material at the rail- 
road station or at the site of the bridge. In addition to that, 
there will be monthly estimates on the work, and any balance 
that may be due will be paid on the completion and acceptance 
of the work. 

The last clause is not very important, but in work of this kind 
it is usual to put in a clause that in case the site is not ready 
for the work a certain amount shall be paid on delivery of the 
iron work at the site; therefore "on Spokane River," can be 
filled in there. We will make the amount of the payment 25 per 
cent in case the site is not ready. Then the contract is closed 
up with the usual clause, "In witness whereof, we, the parties, 
have hereunto set our hands, the day and year above written." 
Then it must be signed by both parties, and for each party by 
some officer or official who is authorized to sign for it, usually 
by the president or vice-president, or by both the president and 
secretary of the company. In this case it would be the president 
of the Contract Company and the chairman of the Board of 
County Commissioners, and on the left-hand side there should be 



14 ENGINEERING AND CONTRACTING 

a witness to each signature, so that in case of any dispute as to the 
signatures there will be a witness or witnesses to testify to them. 

It is obligatory in the laws of some of the states, and cus- 
tomary in most all others, that a seal should be affixed to a 
contract. On a seal there is usually the name of the company or 
corporation, the date of incorporation, and the word *^Seal." 
The seals should be imprinted on the contract over the signa- 
tures, after it is signed. 

Before taking up the building contract, ''B," it may be stated 
that Wait's '' Engineering and Architectural Jurisprudence '' is 
very complete in all details of bidding on work and making con- 
tracts, and I do not know of any work that is more valuable in 
this line, or that explains more fully the duties of the architect 
and engineer. Almost anything you want to know about such 
matters can be found '^boiled down" under the different head- 
ings in the table of contents. 

In taking up building contract ^^B," it is well to know 
that there is a contract published for buildings which is 
called the '' Uniform Contract," and which is approved by the 
American Institute of Architects. The form that is reproduced 
here is probably taken almost verbatim from that. 

In a building contract it is a good idea to make the contract 
in triplicate, one copy for the builder, one for the owner, and one 
for the architect. 

The contract to be written out according to Form ''B" will 
be dated February 16, 1905, and is between the Washington 
Western Railway Company, a corporation, and the University 
Contract Company, also a corporation. It is for the building 
of a station at Everett. The size of the building is to be 24 by 
80, as shown on the plans numbered from 1 to 8 inclusive. The 
foundation is to be completed by April 1, 1905. The idea of 
inserting a date when the foundation is to be completed is that 
there is often a necessity for it, for the purpose of grading or 
laying tracks around the station that could not be done until 
the foundation is completed. There are often reasons why por- 
tions of such a contract must be completed by a certain time, 
so that other contractors may be able to perform their work. 

The walls and the roof are to be completed by June 1, which 
allows the contractor who has the train shed or other outside 
work to build to get started on his contract. The entire build- 
ing is to be completed by August 1. Add to paragraph 6: 'Tro- 



ORDINARY FORMS OF CONTRACTS 15 

vided that, should any delay be occasioned by the owner, an 
equitable extension of the above times may be allowed." 

Under clause 9 it will be seen that the contract price is to be 
$9,600.00. The payments will be $1,000.00 on the completion 
of the foundation, $4,000.00 more on the completion of the walls 
and roof; and in the next clause it is provided that the final 
payment shall be made within 30 days after the contract is com- 
pleted. With private owners it is usual to make this in a very 
short time, sometimes within 5 or 10 days, but with a railway 
company it is necessary to give them at least 30 days, and I 
believe the Northern Pacific requires 60 days in which to make 
final payment ; but we will make the final payment here 30 days 
after completion. There are some blank lines under the 11th 
clause, in which should be recited what the owner shall do during 
the progress of the work in maintaining fire policies, and it is 
best to add: ''This contract shall become of full force and effect 
upon the contractor furnishing the owner with a satisfactory 
bond in the sum of $5,000.00, otherwise it shall be of no force 
or effect." The signatures are similar to those in contract ''A." 
On the part of a railway company it is very usual that contracts 
have to be signed by several officials, sometimes the president 
or general manager and the secretary. So this can be signed 
Washington Western Railway Company by John Doe, President, 
and Richard Roe, Secretary. 

For other ordinary forms of contracts there are given copies 
of some government contracts. In one sense they are not ordi- 
nary contracts, as they are contracts for special pieces of work, 
but on the other hand they were originally made on printed 
forms that the government uses in all cases. 

Form D has the name of the Contract Company and the dif- 
ferent clauses filled in, similar to what w^e have just discussed 
in ''A" and ''B". It might be said here, although it is a sad 
thing to say, that government contracts are the most unjust 
contracts that are made anywhere. It is sad that while it is 
partly true, as was said by Lincoln, that our government is a 
''government of the people, for the people, and by the people," 
yet the matter of contracts could not be worse under a monarchy, 
on account of the forms a contractor is obliged to sign, which 
are simply iron-clad rules in the government's favor. He has no 
redress except to appeal to the government itself, for if he goes 
into the Court of Claims in Washington, that is simply another 



16 ENGINEERING AND CONTRACTING 

department of the same branch of the government, and it will 
decide against the contractor almost every time. In the last year 
or so, however, it has been made possible for the contractor, in 
sums under 110,000, to bring suit into the United States Court. 

It will be seen that the date has been filled in in ''C,'* 
and also the name of the parties. The second clause commences 
''For and in consideration of the payments hereinafter specified,'' 
etc. Always remember this, so that in writing contracts and 
specifications with no books to refer to the usual form will be 
fixed in your mind. 

This is simply a contract to construct and complete in all 
respects a wharf at the navy yard, in strict compliance with all 
the plans and specifications, etc. The Navy Department, instead 
of signing the plans and specifications, attaches them to the con- 
tract and makes the whole into a little book, and there are 
usually five copies signed. 

Another thing which might be mentioned is the time specified in 
which to execute the work. This is ostensibly three months, but 
it takes practically 30 days for the contract to go from Seattle to 
Washington and be signed, so that ordinarily the contractor 
has in reality only two months in which to complete his work 
after he receives the signed contract. They often award a 
contract according to the shortest time in which it can be com- 
pleted, and the man who will agree to complete the work in the 
shortest time will usually get the contract, other things being 
right. But the man who agrees to do the work in three months 
often overlooks the fact that it takes 30 days to get the contract 
signed and returned from Washington. 

You will notice that the price is 130,000, and that the contract 
provides that S40 per lineal foot shall be added or deducted, as 
contemplated in the specifications. It is almost impossible to 
get this unit price fixed so that it is just to both parties, so it is 
usually fairest to leave it to be estimated by the engineer, at so 
much for cost, with the profit added. 

The reason is that it might be necessary to add a piece to the 
wharf where the piles were 10 or 15 feet longer than the average, 
or a piece might be left off where the piles were much shorter 
than the average. 

I think it is not necessary to go into any discussion of Form 
"D," as it is practically the same as the others I have given. 
Read it over carefully and compare with Forms ''A" and "B." 



ORDINARY FORMS OF CONTRACTS 17 

FORM A. 
Standard Bridge Contract. 

^bfS 2lgreemcntt Made and concluded this day of in the 

year of our Lord, 190 . . , by and between 

Party of the Fir^t Part, and 

County, State of 

of the Second Part, Witnesseth, That for and in consideration of payments 
hereinafter mentioned to be made and performed by the said party of the 
Second Part, the said party of the First Part doth hereby covenant and agree 
to furnish all the materials and construct and finish in a good and workmanlike 

manner, and in accordance with the plans and specifications 

, the for : 



and to complete the work by the day of 190 . , 

completion being contingent upon strikes, delays of carriers, and other delays 
unavoidable or beyond control. 

The said Second Party hereby agrees to have the site ready for the erection 

of said on or before the day of 

, 190 . . . 

And the said party of the Second Part hereby agrees, upon the completion 
of said work as above specified, to pay to the party of the First Part the sum 
of Dollars for 

Payments to be made in the following manner, viz. : 

Dollars on the delivery of 

the finished work at the nearest railroad to the site, and the balance 

Dollars on the 

completion of said work ready for 

Provided: That in case said Second Party fail to have the site ready for 
said work by the date hereinbefore specified, said Second Party hereby agrees 
to pay said First Party eighty per cent of the contract price for said work 
on the delivery of the finished iron work at site. 



"ffn IliQitncss IKUbereot We, the parties, have hereunto set our hands, 
the day and year above written. 



18 ENGINEERING AND CONTRACTING 

FORM B. 
Building Contract. 

^bl6 ^gtCCmCUtt Made in duplicate the day of 

, in the year one thousand nine hundred and 

by and between 

party of the first part (hereinafter designated the Contractor), and 



party of the second part (hereinafter designated the Owner), 

WITNESSETH, That the Contractor, in consideration of the fulfillment of the 

agreements herein made by the Owner, agrees with the said Owner as follows: 
First. The Contractor under the direction and to the satisfaction of 

Architects acting for the purposes of this contract as agents of the said Owner 
shall and will provide all the materials and perform all the work mentioned in 
the specifications and shown on the drawings prepared by the said Architects 
for the 



which drawings and specifications are identified by the signature of the parties 
hereto. 

Second. The Architects shall furnish to the Contractor such further draw- 
ings or explanations as may be necessary to detail and illustrate the work to be 
done, and the Contractor shall conform to the same as part of his contract so 
far as they may be consistent with the original drawings and specifications 
referred to and identified, as provided in the first section. 

It is mutually understood and agreed that all drawings and specifications 
are and remain the property of the Architects. 

Third. No alterations shall be made in the work shown or described by 
the drawings and specifications, except upon a written order of the Architects, 
and when so made, the value of the work added or omitted shall be computed 
by the Architects, and the amount so ascertained shall be added to or deducted 
from the contract price. In the case of dissent from such award by either 
party hereto, the valuation of the work added or omitted shall be referred to 
three (3) disinterested Arbitrators, one to be appointed by each of the parties 
to this contract, and the third by the two thus chosen ; the decision of any two 
of whom shall be final and binding, and each of the parties hereto shall pay 
one-half of the expense of such reference. 

Fourth. The Contractor shall provide sufficient, safe and proper facilities at 
all times for the inspection of the work by the Architects or their authorized 
representatives. He shall, within twenty-four hours after receiving written 
notice from the Architects to that effect, proceed to remove from the grounds 
or buildings all materials condemned by them, whether worked or unworked, 
and to take down all portions of the work which the Architects shall by like 
written notice condemn as unsound or improper, or as in any way failing to 
conform to the drawings and specifications. 



ORDINARY FORMS OF CONTRACTS 19 

Fifth. Should the Contractor at any time refuse or neglect to supply a 
sufficiency of properly skilled workmen, or of materials of the proper quality, 
or fail in any respect to prosecute the work with promptness and diligence, or 
fail in the performance of any of the agreements herein contained, such refusal, 
neglect or failure being certified by the Architects, the Owner shall be at 

liberty, after days' written notice to the Contractor, to 

provide any such labor or materials, and to deduct the cost thereof from any 
money then due or thereafter to become due to the Contractor under this con- 
tract; and if the Architects shall certify that such refusal, neglect or failure is 
sufficient ground for such action, the Owner shall also be at liberty to termi- 
nate the employment of the Contractor for the said work, and to enter upon 
the premises and take possession, for the purposes of completing the work 
comprehended under this contract, of all materials, tools and appliances 
thereon, and to employ any other person or persons to finish the work, and to 
provide the materials therefor; and in case of such discontinuance of the 
employment of the Contractor he shall not be entitled to receive any further 
payment under this contract until the said work shall be whollj' finished, at 
which time, if the unpaid balance of the amount to be paid under this contract 
shall exceed the expense incurred by the Owner in finishing the work, such 
excess shall be paid by the Owner to the Contractor, but if such expense shall 
exceed such unpaid balance, the Contractor shall pay the difference to the 
Owner. The expense incurred by the Owner as herein provided, either for 
furnishing materials or for finishing the work, and any damage incurred 
through such default, shall be audited and certified by the Architects, whose 
certificate thereof shall be conclusive upon the parties. 

Sixth. The Contractor shall complete the several portions and the whole 
of the work comprehended in this Agreement, by and at the time or time 
hereinafter stated 



provided that 



Seventh. Should the Contractor be obstructed or delayed in the prosecu- 
tion or completion of his work by the act, neglect, delay ov default of the 
Owner, or the Architects, or of any other contractor employed by the Owner 
upon the work, or by any damage which may happen by fire, lightning, earth- 
quake or cyclone, or by the abandonment of the work by the employees 
through no default of the Contractor, then the time fixed for the completion of 
the work shall be extended for a period equivalent to the time lost by reason of 
any or all of the causes aforesaid; but no such allowance shall be made unless 
a claim therefor is presented in writing to the Architects within twenty-four 
hours of the occurrence of such delay. The duration of such extension shall 
be certified to by the Architects, but appeal from their decision may be made 
to arbitration, as provided in the third section of this contract. 

Eighth. The Owner agrees to provide all labor and materials not included 
in this contract in such manner as not to delay the material progress of the 



20 ENGINEERING AND CONTRACTING 

work, and in the event of failure so to do, thereby causing loss to the Contrac- 
tor, agrees that he will reimburse the Contractor for such loss; and the Contrac- 
tor agrees that if he shall delay the material progress of the work so as to cause 
any damage for which the owner shall become liable (as above stated), then he 
shall make good to the owner any such damage. The amount of such loss or 
damage to either party hereto shall, in every case, be fixed and determined by the 
Architects or by arbitration, as provided in the third section of this contract. 

Ninth. It is hereby mutually agreed between the parties hereto that the 
sum to be paid by the Owner to the Contractor for said work and materials 
shall be f 

subject to additions and deductions as hereinbefore provided, and that such 
sum shall be paid in current funds by the Owner to the Contractor in install- 
ments, as follows : 



The final payment shall be made within days after this contract 

is fulfilled. 

All payments shall be made upon written certificates of the Architects to 
the effect that such payments have become due. 

If at any time there shall be evidence of any lien or claim for which, if 
established, the Owner of the said premises might become liable, and which is 
chargeable to the Contractor, the Owner shall have the right to retain out of 
any payment then due or thereafter to become due an amount sufficient to 
completely indemnify him against such lien or claim. Should there prove to 
be any such claim after all payments are made, the Contractor shall refund to the 
Owner all moneys that the latter may be compelled to pay in discharging any lien 
on said premises made obligatory in consequence of the Contractor's default. 

Tenth. It is further mutually agreed between the parties hereto that no 
certificate given in payment made under this contract, except the final certifi- 
cate or final payment, shall be conclusive evidence of the performance of this 
contract, either wholly or in part, and that no payment shall be construed to 
be an acceptance of defective work or improper material. 

Eleventh. The Owner shall, during the progress of the work, maintain full 
insurance on said work, in his own name and in the name of the Contractor, 
against loss or damage by fire. The policies shall cover all work incorporated 
in the building, and all materials for the same in or about the premises and 
shall be made payable to the parties hereto, as their interest may appear. 



Twelfth. The said parties for themselves, their heirs, executors, adminis- 
trators and assigns, do hereby agree to the full performance of the covenants 
herein contained. 

Hn HlHitncSS WibCtCOtt the parties to these presents have hereunto set 
their hands the day and the year above first written. 

In presence of 



ORDINARY FORMS OF CONTRACTS ' 21 

FORM C. 
Navy Department. 
Contractor's Copy of Contract No. 1006, 

ZTbiS Contract, made and concluded at Washington, D.C., this 14th day 
of August, A.D. 1902, by and between the University Contract Company, of 
Seattle, acting for itself, its successors and legal representatives, party of the 
first part, and the United States, by Mordecai T. Endicott, Chief of Bureau of 
Yards and Docks, Navy Department, acting under the direction of the Secre- 
tary of the Navy, party of the second part, 

WITNESSETH, That for and in consideration of the payments hereinafter 
specified, the party of the first part hereby covenants and agrees to and with 
the party of the second part as follows, viz. : 

First. That said party of the first part will provide, furnish and deliver, at 
its own risk and expense, at the United States Navy Yard, Puget Sound, Brem- 
erton, Washington, all the necessary materials, labor, tools, and appliances for 
the construction and completion in all respects, of a wharf at said navy yard, 
and will construct and complete the same within three (3) calendar months 
from the date of this contract, in strict accordance with, and subject to, all the 
conditions and requirements of the plans and specifications appended hereto, 
and forming a part hereof, and of memorandum also appended, for the sum of 
thirty thousand dollars ($30,000): Provided, That forty dollars ($40) per linear 
foot shall be added or deducted for additions or deductions as contemplated in 
Item 4, Paragraph 96, of said specifications. 

And this contract further Witnesseth, 

Second. That the party of the second part, for and in consideration of the 
foregoing, and for and in consideration of the faithful performance of this con- 
tract by the party of the first part, duly certified to by the inspecting officer 
appointed for that purpose, and the acceptance of the work as satisfactory on 
the part of the United States, hereby covenants and agrees, to and with the 
party of the first part, that there shall be paid to the said party of the first 
part, for the full and entire completion of the said wharf, the sum of thirty 
thousand dollars ($30,000): Provided, That forty dollars ($40) per linear foot 
be added or deducted for additions or deductions as contemplated in Section 4, 
Paragraph 96, of said specifications, upon approved bills certified and drawn in 
the usual manner, and payable through such navy pay office as the party of the 
first part may elect, within ten days after warrants for the same shall have 
passed by the Secretary of the Treasury in the following manner, viz. : As pro- 
vided in paragraph twenty-eight of the specifications aforesaid. 

Third. That it is mutually understood and agreed that no payment to said 
party of the first part will or shall be made by the United States for or on ac- 
count of this contract, except those payments herein specified, and that, when 
not otherwise specifically provided, ten per cent will be withheld from the 
amount of each of such payments as security for the full completion and per- 
formance of the covenants and agreements hereof by the said party of the first 
part, and that the final payment made hereunder shall include the amounts so 
withheld. 



22 • ENGINEERING AND CONTRACTING 

Fourth. That it is further mutually and expressly covenanted and agreed, 
and this contract is upon the express condition that no member of or delegate 
to Congress, nor any officer of the United States, naval, military, or civil, is, or 
shall be, admitted to any share or part of this contract, or to any benefit to 
arise therefrom ; and that any transfer of this contract, or of any interest 
therein, to any person or party by the said party of the first part, shall annul 
this contract so far as the United States is concerned. 

ITn TKHitneSS llClbereOft the said parties hereto have hereunto set their 
hands and seals the day and year first above written. 



Signed and sealed in the 
presence of 

John Jones, 
John Smith. 



UNIVERSITY CONTRACT COMPANY, 
John Doe, Pres. and Gen. Mgr. 

THE UNITED STATES, 

By MoRDECAi T. Endicott, 
Chief of Bureau of Yards and Bocks, 

Acting under the direction of the 

Secretary of the Navy. 



FORM D. 
War Department Contract, 
(To be used when the specifications do not call for liquidated damages.) 

1. 'CTblS Agreement entered into this thirteenth (13th) day of May, 
nineteen hundred and one, between John Millis, Major, Corps of Engineers, 
United States Army, of the first part, and University Contract Company, of 
Seattle, in the county of King, State of "Washington, of the second part, Wit- 
nesseth, That, in conformity with the advertisement and specifications hereunto 
attached, which form a part of this contract, the said John Millis, Major, Corps 
of Engineers, for and in behalf of the United States of America, and the said 
University Contract Company, do covenant and agree, to and with each other, 
as follows : 

That the said University Contract Company shall dredge a channel from 
deep water in Shilshole Bay, Puget Sound, through Salmon Bay for a distance 
of about six thousand (6,000) feet, subject to all the conditions of the specifi- 
cations and of their proposal. 

That the said John Millis, Major, Corps of Engineers, U. S. Army, for and 
in behalf of the United States of America, shall pay the said University Con- 
tract Company for such dredging, fifty cents (50c; per cubic yard,. 

2. All materials furnished and work done under this contract shall, before 
being accepted, be subject to a rigid inspection by an inspector appointed on 
the part of the Government, and such as do not conform to the specifications 
set forth in this contract shall be rejected. The decision of the engineer officer 
in charge as to quality and quantity shall be final. 

3. The said University Contract Company shall commence the work 
herein contracted for within thirty (30) days after date of notification of 
approval of the contract by the Chief of Engineers, U. S, Army, and shall 



ORDINARY FORMS OF CONTRACTS 23 

complete the same within five (5) calendar months from such date of com- 
mencement. 

4, If, in any event, the party of the second part shall delay or fail to 
commence with the delivery of the material or the performance of the work on 
the day specified herein, or shall, in the judgment of the engineer in charge, 
fail to prosecute faithfully and diligently the work in accordance with the speci- 
fications and requirements of this work contract, then, in either case, the party 
of the first part, or his successor legally appointed, shall have power, with the 
sanction of the Chief of Engineers, to annul this contract by giving notice in 
writing to that effect to the party (or parties, or either of them) of the second 
pai't, and upon the giving of such notice all payments to the party or parties of 
the second part under this contract shall cease, and all money or reserved per- 
centage due or to become due the said party or parties of the second part, by 
reason of this contract, shall be retained by the party of the first part until the 
final completion and acceptance of the work herein stipulated to be done ; and 
the United States shall have the right to recover from the party of the second 
part whatever sums may be expended by the party of the first part in com- 
pleting the said contract in excess of the price herein stipulated to be paid the 
party of the second part for completing the same, and also all costs of inspec- 
tion and superintendence incurred by the said United States in excess of 
those payable by the United States during the period herein allowed for the 
completion of the contract by the party of the second part; and the party of 
the first part may deduct all the above mentioned sums out of or from the 
money or reserved percentages retained as aforesaid ; and upon the giving of 
the said notice the party of the first part shall be authorized, if an immediate 
performance of the work or delivery of the materials be in his opinion required 
by the public exigency, to proceed to provide for the same by open purchase or 
contract, as prescribed in section 3709 of the Revised Statutes of the United 
States: Provided, however, That if the party (or parties) of the second part 
shall by epidemics, freshets, ice, local or other state quarantine restrictions, 
force or violence of elements, or other unavoidable cause of delay, and by no 
fault of his or their own be prevented either from commencing or completing 
the work, or delivering the materials at the time agreed upon in this contract, 
such additional time may, with the prior sanction of the Chief of Engineers, be 
allowed him or them, for such commencement or completion, as, in the judg- 
ment of the party of the first part, or his successor, shall be just and reason- 
able; but such allowances and extension shall in no manner affect the rights or 
obligations of the parties under this contract, but the same shall subsist, take 
effect, and be enforceable precisely as if the new date for such commencement 
or completion had been the date originally herein agreed upon. 

5. It is further expressly understood and agreed that in case of failure on 
the part of the party of the second part to complete this contract as specified 
and agreed upon, the said United States shall have the right to recover from 
the party of the second part all cost of inspection and superintendence incurred 
by the said United States during the period of delay, and also whatever sums 
may be expended by the party of the first part in completing the said contract 
in excess of the price herein stipulated to be paid to tlie party of the second 
part for completiug the same. And the said party of the first part may deduct 



24 ENGINEERING AND CONTRACTING 

or retain all the above-mentioned sums out of or from any money or reserved 
percentage that may be due or become due the party of the second part under 
this agreement. 

6. If at any time during the prosecution of the work, it may be found ad- 
vantageous or necessary to make any change or modification in the project, 
and this change or modification should involve such change in the specifications 
as to character and quantity, whether of labor or material, as would increase or 
diminish the cost of the work, then such change or modification must be agreed 
upon in writing by the contracting parties, the agreement setting forth fully 
the reasons for such change, and giving clearly the quantities and prices of 
both material and labor thus substituted for those named in the original con- 
tract, and before taking effect must be approved by the Secretary of War: 
Provided, That no payments shall be made unless such supplemental or modi- 
fied agreement was signed and approved before the obligation arising from such 
modification was incurred. 

7. No claim whatever shall at any time be made upon the United States by 
the party or parties of the second part for or on account of any extra work or 
material performed or furnished, or alleged to have been performed or fur- 
nished under or by virtue of this contract, and not expressly bargained for and 
specifically included therein, unless such extra work or materials shall have 
been expressly required in writing by the party of the first part or his suc- 
cessor, the prices and quantities thereof having been first agreed upon by the 
contracting parties and approved by the Chief of Engineers. 

8. The party of the second part shall be responsible for and pay all lia- 
bilities incurred in the prosecution of the work for labor and material. 

9. It is further agreed by and between the parties hereto that until final 
inspection and acceptance of, and payment for, all of the material and work 
herein provided for, no prior inspection, payment, or act is to be construed as a 
waiver of the right of the party of the first part to reject any defective work or 
material or to require the fulfillment of any of the terms of the contract. 

10. The party of the second part agrees to hold and save the United States 
harmless from and against all and every demand, or demands, of any nature or 
kind for, or on account of, the use of any patented invention, article, or process 
included in the materials hereby agreed to be furnished and work to be done 
under this contract. 

11. Payments shall be made to the said University Contract Company, 
monthly, when the work contracted for shall have been accepted during the 
month, reserving twenty (20) per cent from each payment until the whole 
"work shall have been accepted. 

12. Neither this contract nor any interest therein shall be transferred to 
any other party or parties, and in case of such transfer the United States may 
refuse to carry out this contract with the transferrer or the transferee, but all 
rights of action for any breach of this contract by said University Contract 
Company are reserved to the United States. 

13. No member of or delegate to Congress, nor any person belonging to, 
or employed in, the military service of the United States, is or shall be ad- 
mitted to any share or part of this contract, or to any benefit which may arise 
herefrom. 



ORDINARY FORMS OF CONTRACTS 25 

But this stipulation so far as it relates to member of or delegates to Cou- 
gress, is not to be construed to extend to this contract. 

14. This contract shall be subject to approval of the Chief of Engineers, 
U. S. Army. 

■ffn TlClitnCSS TKUbCCCOtt the parties aforesaid have hereunto placed their 
hands the date first above written. 



Witness: 

John Jones, as to 

John Smith, as to 



JOHN MILLIS, 

Major, Corps of Engineers. 

UNIVERSITY CONTRACT CO., 

John Doe, Pres. and Gen. Mgr. 



Executed in Quintuplicate 
Approved: May 28, 1901. G. S. GREESPIN. 



FORM E. 

Standard County Form of Contract. 

^bf6 MQXCCXncntf made and entered into in duplicate, this 

day of in the year one thousand nine hundred and 

by and between 

party of the first part 

Chereinafter designated the Contractor), and 

County, in the State of Washington, party of the second part (hereinafter 
designated the Owner), 

WITNESSETH, That the Contractor, being the said part of the first 

part, in consideration of the covenants and agreements herein contained on the 

part of the Owner, being the said party of the second part, do 

covenant, promise and agree with the said Owner, in manner following, that is 
to say: 

First. The Contractor shall and will well and sufficiently perform and 
finish, under the direction, and to the satisfaction of the Board of County 

Commissioners of County, Washington, 

all the work included in the 



Second. Should it appear that the work hereby intended to be done, or 
any of the matters relative thereto, are not sufficiently detailed or explained, 
the Contractor shall apply to the Owner for such drawings or explanations as 
may be necessary, and shall conform to the same as part of this contract. 

Third. Should any alterations be required in the work, a fair and reason- 
able valuation of the work added or omitted shall be made by mutual agree- 
ment, and the sum herein agreed to be paid for the work shall be increased or 
diminished as the case may be. 



26 ENGINEERING AND CONTRACTING 

Fourth. The Contractor shall, within twenty-four hours after receiving 
written notice from the Owner to that effect, proceed to remove from the 
grounds or premises all materials condemned by the Owner, whether worked 
or unworked; or take down all portions of the work which the Owner shall 
condemn as unsound or improper. The Contractor shall cover, protect, and 
exercise due diligence to secure the work from injury, and all damage happen- 
ing to the same by neglect shall be made good by 

Fifth. The Contractor shall permit the Owner, and all persons appointed 
by the Owner, to visit and inspect the said work, or any part thereof, at all 
times and all places during the progress of the same, and shall provide suffi- 
cient, safe and proper facilities for such inspection. 

Sixth. The Contractor shall and will proceed with said work, and every 
part and detail thereof, in a prompt and diligent manner, and shall and will 

wholly finish the work according to this contract, on or before the 

day of in the year one thousand nine hundred and 

, and in default thereof, the Contractor shall pay to the 

Owner Dollars for every day thereafter that 

the said work shall remain unfinished, as and for liquidated damages, the same 
to be retained from any sum or sums due or to become due the Contractor from 
the Owner on account of this or any other contract. 

Seventh. Should the Contractor be obstructed or delayed in the prosecution 
or completion of the work by the neglect, delay or default of any other con- 
tractor; or by an alteration which may be required in the said work; or by 
any damage which may happen thereto by fire, or by the unusual action of the 
elements, or otherwise ; or by the abandonment of the work by the employees 
through no fault of the Contractor, then there shall be an allowance of addi- 
tional time beyond the date set for the completion of the said work ; but no 
such allowance shall be made unless a claim is presented in writing at the time 
of such obstruction or delay. The Owner shall ascertain the amount of addi- 
tional time to be allowed ; in which case the Contractor shall be released from 
the payment of the stipulated damages for such additional time, and no more. 
Eighth. The Contractor shall not let, assign or transfer this contract, or 
any interest therein, without the written consent of the Owner. 

Ninth, The Contractor shall make no claim for additional work unless the 
same shall be done in pursuance of a written order from the Owner, and notice 
of all claims shall be made to the Owner in writing within ten days of the 
beginning of such work. 

Tenth. Should the Contractor at any time refuse or neglect to supply a 
sufficiency of properly skilled workmen, or of materials of the proper quality, 
or fail in any respect to prosecute the work with promptness and diligence, or 

fail in the performance of any of the agrjements on part herein 

contained, such refusal, neglect or failui-e being ascertained by the Owner, said 
Owner shall be at liberty, after three days' written notice to the Contractor, to 
provide any such labor or materials, and to deduct the cost thereof from any 
money then due or thereafter to become due to the Contractor under this con- 
tract; and if the Owner shall find that such refusal, neglect or failure is suffi- 
cient ground for such action, the Owner shall also be at liberty to terminate 



ORDINARY FORMS OF CONTRACTS 27 

the employment of the Contractor for the said work and to enter upon the 
premises and take possession of all materials thereon, and to employ any other 
person or persons to finish the work, and to provide the materials therefor; 
and in case of such discontinuance of the employment of the Contractor he 
shall not be entitled to receive any further payment under this contract until 
the work shall be wholly finished, at which time, if the unpaid balance of the 
amount to be paid under this contract shall exceed the expense incurred by 
the Owner in finishing the work, and all demurrages which shall have occurred 
under the terms of this contract, such excess shall be paid by the Owner to the 
Contractor, but if such expense and demurrage shall exceed such unpaid bal- 
ance, the Contractor shall pay the difference to the Owner. The expense 
incurred by the Owner as herein provided, either for furnishing materials or 
for finishing the work, and any damages incurred through such default, shall 
be ascertained by the Owner, whose decision thereon shall be conclusive upon 
the parties. 

Eleventh. And it is hereby mutually agreed between the parties hereto 
that the sum to be paid by the Owner to the Contractor for said work and 
materials shall be 



subject to additions or deductions on account of alterations or demurrages as 
hereinbefore provided, and that such sum shall be paid in Warrants on the 

Fund of County by the 

Owner to the Contractor, as follows : 



It being understood that the final payment shall be made within 

days after this contract is completely finished and accepted ; provided, that in 

each of the said cases the Contractor shall give the Owner good and sufficient 

evidence that the vv>- •.. +> -^i-v is free from all liens and 

(Road or Bridge) ^ 

claims chargeable to the said Contractor; and further, that if at any time there 

shall be any lien or claim for which, if established, the Owner or the said 

, , might be made liable, and which would be 

(Road or Bridge) 

chargeable to the said Contractor, the Owner shall have the right to retain out 
of any payment then due or thereafter to become due said Contractor an 
amount sufficient to completely indemnify it against such lien or claim, until 
the same shall be effectually satisfied, discharged or canceled. And should 
there prove to be any such claim after all payments are made, the Contractor 
shall refund to the Owner all moneys that the latter may be compelled to pay 
in discharging any lien on said premises, made obligatory in consequence of 
the former's default. 

Twelfth. It is further mutually agreed between the parties hereto that no 
certificate given or payment made under this contract, except the final certifi- 



28 



ENGINEERING AND CONTRACTING 



cate or final payment, shall be conclusive evidence of the performance of this 
contract, either wholly or in part, against any claim of the Owner, and no pay- 
ment shall be construed to be an acceptance of any defective work. 

Thirteenth. And the said Owner hereby promises and agrees with the said 
Contractor to employ, and does hereby employ said Contractor to provide the 
materials and do the said work according to the terms and conditions herein 
contained and referred to, for the price aforesaid, and hereby contracts to pay 
the same at the time, in the manner and upon the conditions above set forth. 

Fourteenth. And the said party of the first part, for 

heirs, executors, administrators and assigns, and the said party of the second 
part, for itself, its successors and assigns, hereby agree to the full performance 
of the covenants herein contained. 



■ffn IPGlftnCSS WbCtCOt, the parties to these presents have hereunto set 
their hands, the day and year first above written. 



In presence of 



County, 



In the State of Wasliington. 

By 

Chairman of its Board of County 
Commissioners. 



Attest: 



County Auditor. 



Standard Contract of Large Railroad Company. 

Date. 'RQVCCnXCntt Made and entered into this Fourth day of January, 

1908, between Western Construction Company, a corporation, 
organized and existing under and by virtue of the laws of the 
State of Nevada, with its principal place of business at Seattle, 
King County, Washington, hereinafter called the "Contractor," 

Parties. party of the first part, and the Puget Sound Railway Company, a 

corporation, hereinafter called the "Company," party of the 
second part, WITNESSETH : 

Work and The Company proposes to have riprap placed alongside its 

location. temporary bridge south of Everett; also alongside of its bridge 
Number 6, North of Seattle. 

Covenant. The Contractor, for the consideration hereinafter named, 

agrees to furnish all labor, tools, apparatus and material neces- 
sary to place said riprap alongside said bridges, as directed by 
the Chief Engineer of the Company, or his authorized assistants. 



ORDINARY FORMS OF CONTRACTS 29 

No alterations or additions shall be made in the work shown Alterations, 
and described in said plans and specifications except upon the 
written order of the Chief Engineer of the Company, and, when so 
made, the value of the work added or omitted shall be computed 
by said Chief Engineer, or his representatives, unless previously 
agreed upon in writing by the parties hereto; and the amount so 
ascertained shall be added to or deducted from the contract price. 
The decision of the Chief Engineer of the Company as to the value 
of the work added or omitted shall be conclusive upon the parties. 

The Contractor shall commence said work on or before the Date Com- 
Fifteenth day of January, 1908, and shall complete the same on or mencement 
before the First day of May, 1908. Completion. 

Time is material and of the essence of this contract. No 
extension of time within which to complete the same shall be Extension of 
granted to the Contractor for any cause w^hatever, unless the same Time, 
is made necessary by the fault of the Company, by the act of God, 
by inevitable accident, or by strikes of the employees of the Con- 
tractor, in which case the Chief Engineer of the Company may, in 
writing, extend such time. The period of such extension so made 
necessary shall be certified by said Chief Engineer and shall be 
conclusive upon the parties. 

The Contractor shall and will carry on and prosecute the said Work When 

work in its several parts and branches in such manner, at such ?: . Wnere 

Directed, 
times, and in such places as the Company may from time to time 

direct. 

The Company shall have the right, whenever in its opinion it Stopping 
is necessary or expedient for it to so do, to stop said work or any Work. 
part thereof or reduce the force employed thereon; and the Con- 
tractor shall have no claim for damages by reason thereof, but 
shall stop the work or reduce the force as the Company may in 
writing direct, and in such case shall be paid a reasonable com- 
pensation based on contract price, amount of work done and 
expenses incurred. Said writing shall be signed by said Chief 
Engineer and delivered to the Contractor or to some person 
representing him on the work at least three days prior to such 
stoppage of work or reduction of force. 

In case the Contractor shall at any time refuse or neglect to Promptness. 
supply a sufficient number of properly skilled workmen, or a 
sufficient quantity of material of the proper quality for said work, 
or fail, in any respect, to prosecute said work with promptness 
and diligence, or fail in the performance of any of the covenants 
herein stipulated to be performed by the Contractor, the Com- 
pany may, at its option, after three days' notice to the Contractor 
provide all such labor and materials, and deduct the cost thereof 
from any moneys then due or thereafter to become due to the 
Contractor under this contract. If in the opinion of the Chief 
Engineer of the Company such failure, neglect or refusal shall be 
sufficient grounds for such action, the Company shall be at liberty 



30 



ENGINEERING AND CONTRACTING 



Power to 
Cancel. 



ITiipaid 
Balance. 



Claims for 
Labor and 
Material. 



Liens. 



Inspection. 



Removal of 
Condemned 
Material. 



Kemoval of 
Faulty Work, 

No Liquor. 



Damage to 
Property. 

Disorderly 
and Negligent 
"Workmen. 



to terminate this contract and to enter upon the premises, and, for 
the purpose of completing the work herein mentioned, take pos- 
session of all materials, tools and appliances thereon, and employ 
any other person or persons to finish said work, and provide the 
materials therefor. In such case the Contractor shall not be 
entitled to receive any further payment under this contract until 
said work shall be wholly finished, at which time if the unpaid 
balance of the amount to be paid hereunder shall exceed the 
expense incurred by the Company in finishing said work, such 
excess shall be paid to the Contractor; but if the said unpaid bal- 
ance shall be less than the expense of completing said work, the 
Contractor shall pay to the Company the amount of such deficit. 
The expenses incurred by the Company, either for furnishing 
materials or finishing said work, and any damage incurred by it 
through such default, failure or refusal, shall be certified by the 
Chief Engineer of the Company, whose certificate shall be con- 
clusive upon the parties hereto. 

The Contractor shall pay and discharge all claims for labor 
and material furnished to him for said work, and shall protect the 
Company from liens therefor. The Company may from time to 
time pay any such claims arising in favor of any person against 
the Contractor, and may retain and deduct from the amounts due 
to the Contractor, and as they become due under this contract, 
the sums so paid in settlement and discharge of such claims. The 
receipts of the persons holding such claims shall be equivalent to 
the receipts of the Contractor. 

Said work shall at all times during the progress thereof be 
subject to the supervision of the Chief Engineer of the Company, 
or of such persons as he shall delegate. The Contractor shall 
provide sufficient, safe and proper facilities at all times for the 
inspection of the work hereunder, and of the material to be used 
therein, by said Chief Engineer or his representatives; and shall 
within twenty -four (24) hours after receiving written notice from 
said Chief Engineer or his representatives to that effect proceed to 
remove from the grounds and premises, and from said work, all 
materials condemned by him, whether worked or unworked, and 
to take down all portions of the work which said Chief Engineer 
shall condemn, or which, in any manner, shall fail to conform to 
such plans and specifications. 

The Contractor shall not or will not permit to be brought, 
drunk or used on the line of railroad of the Company or at or 
near said work any intoxicating liquor or beverage of any descrip- 
tion ; shall not and will not ao or suffer his employees to do any 
damage to crops or other property at or adjacent to said work, 
and shall and will, upon the direction of the Company, discharge 
any foreman or other employee engaged in said work who shall in 
the opinion of said Chief Engineer be disorderly, intemperate, 
incompetent, negligent or dishonest. 



ORDINARY FORMS OF CONTRACTS 31 

In case any dispute shall arise between the parties hereto as to Arbitration, 
the interpretation of this contract, or the plans and specifications 
herein referred to, the decision of the Chief Engineer of the Com- 
pany as to such interpretation of said contract, plans and speci- 
fications, shall be conclusive upon the parties hereto. 

No certificate given or payment made under this contract shall Payment not 
be evidence of the performance of the same, either in whole or in Acceptance. 
part, and no payment shall be construed as an acceptance of 
defective work or improper materials. 

The Company shall and will furnish free transportation over Transporta- 
its own lines of railway for men between Seattle and Everett ^^o^- 
necessary to be employed or used in said work. The necessity 
for such transportation shall be in each case certified by said 
Chief Engineer, and his certificate shall be conclusive. 

It is further mutually agreed between the parties hereto that Contractors' 
the Company, in the transportation of any men, tools or materials Assumption 
herein agreed to be transported free, shall be deemed to be a pri- ^' 

vate carrier without hire and not otherwise, and the Contractor 
expressly agrees that the Company shall not be liable to him 
while riding free as aforesaid, for any personal injury to himself 
nor for any loss or damage to his tools or materials transported 
free as aforesaid. 

The Contractor further agrees that he will cause each and 
every person employed by him in the work before mentioned and 
who shall be transported free as aforesaid, to execute an agree- 
ment to the effect that the Company, in such transportation, shall 
be deemed to be a private carrier without hire and not otherwise, 
and that the Company shall not be liable to said employee for 
personal injury received by him while riding free as aforesaid, nor 
for any loss or damage to his tools or other property transported 
free. In the event of failure of the Contractor to cause the persons 
employed by him to execute such an agreement he shall indemnify 
the Company and save it harmless from loss or damage on account of 
any claim made by such persons for personal injuries or damage to 
property suffered by them while being transported free as aforesaid. 

The Contractor in the prosecution of the work hereunder shall Independent 
be and is an independent contractor, and shall be solely liable for Contractor, 
any and all injuries to persons or damage to property, in any 
manner caused by the negligence of the Contractor, his agents or 
servants, in or about the prosecution of the work covered by this 
contract, and shall indemnify and save harmless the Company 
from any and all loss or damage on account of any such injuries 
to persons or damage to property. 

The Contractor in the prosecution of the work covered hereby No Interrup- 
shall so conduct the same as not to interfere with the movement tionof Trafl&c. 
of trains or traffic upon and over the tracks of the Company at 
and adjacent to the site of said work, and shall so arrange and 
conduct operations in said work as to permit said trains to pass 
continuously and safely upon and over said tracks. 



32 



ENGINEERING AND CONTRACTING 



Sub con- 
tracts. 

Payment. 



The Contractor shall not assign or sublet this contract without 
the written consent of said Chief Engineer. 

In consideration of the Contractor doing the work hereinbefore 
described, in the manner and within the time specified, the Com- 
pany shall pay to the Contractor therefor as follows, to wit: 

Rock dumped in place, per cubic yard, $1.75. Measurements 
to be made on scows at site of work; contractors to load the rock 
on scows uniformly, so as to aid in proper measurements of the 
material furnished. No rock shall be furnished smaller than 
8 or 10 inches, the bulk of it to be large as handling will permit. 
Estimates to be made at the end of each month and a payment of 
eighty-five (85) per cent of said estimate to be made on or before 
twenty (20) days thereafter; final payment to be made twenty 
(20) days after the completion of the work and its acceptance by 
the Chief Engineer of the Company. 

ITu TKHitnCSS WbCtCOf t the parties hereto have caused this agreement to 
be duly executed the day and year first hereinabove written. 



In presence of 
J. S. Mason, 
C. H. Park. 



WESTERN CONSTRUCTION COMPANY, 

By John Doe, Pres. 
PUGET SOUND RAILWAY COMPANY, 

By James Boe, 2d Vice-Pres. 



CHAPTER III. 

ORDINARY SPECIFICATIONS. 

The International Dictionary defines "specification" as ''A 
written statement containing a minute description or enumeration 
of particulars." 

But that is rather abstruse and does not explain as fully as 
might be wished, what a person would want to make a specifi- 
cation cover; so I have formulated a definition of my own that 
covers the *' engineering specification " more fully. It is as follows : 

''A concise, accurate, and detailed description of the work or 
structure to be built, together with a concise, accurate, and de- 
tailed description of the materials and their method of fabrica- 
tion and, to some extent, of the methods of construction of the 
work or structure." 

The last thing mentioned, that is, the methods of constmction 
of the work, or methods of doing the work, should not be too de- 
tailed or specific. It is not desirable always to state the methods 
or to hold the contractor down to doing the work in a certain 
or particular way. He should be allowed a certain discretion in 
the matter, and it is not desirable to describe the method any 
further than is actually necessary. 

In taking up some of the forms of specifications my owtl 
" General Specifications for Steel Roofs and Buildings " are 
used on account of my greater familiarity with its details. 

In writing specifications, first divide the subject into general 
heads, enumerating the various things which arc to be covered 
by the specifications, or, in other words, make a sort of synopsis 
of the work to be done under them. 

The first clause in the general headings is the ''General De- 
scription," followed by Unit Strains, Plate Girders, Corrugated 
Iron, Ventilation, Lighting, Details of Construction, Workman- 
ship, Quality of Material (which should be subdivided into 
wrought iron, steel, and timber), then should follow paragraphs 
for Painting and Erection. 

83 



34 ENGINEERING AND CONTRACTING 

Very seldom would there be any other general headings 
than those enumerated. 

In using a general specification for any particular structure, 
the description must be very minutely and accurately given in a 
detailed specification to accompany the general one. Having 
the general heads to cover the various portions of the work, 
subdivide them. 

For example, under the head of loads, there is the snow load, 
the wind load, the weight of the covering, the weight of the ceil- 
ing, weight of the trusses, etc. 

In getting up this building specification, there was found to be 
nothing published in regard to the actual snow load, the same 
fixed amount per square foot being assumed for all localities. 
Specifications also usually give a fixed amount for the snow load, 
whether the structure is to be located in the tropics or in the 
arctic regions. 

Of course, for any particular piece of work the snow load 
can be stated as given in the Table, according to the place where 
the roof happens to be located. Then there is the wind pressure 
for the roof itself to be considered, which is practically the same 
in all standard specifications or books. The pressure on the 
sides and ends of a building, due to wind loads, had never been 
fixed until given in this specification. 

For each particular building the exact weight of the covering 
can be specified. Corrugated iron is usually specified according 
to its thickness or gauge, such as No. 20, No. 22, etc. But these 
gauges are very elastic ; therefore it is better to specify not only 
the gauge but the weight of the corrugated iron to be put on a 
building, that is, specify the exact weight per square foot. 

The matter of the weight of trusses can be figured exactly for 
any particular roof, although the formulas given here will 
work out close enough for practical purposes. 

Paragraph 10 is one that should be taken account of when- 
ever a building is to be erected for milling or mining purposes : 
''Mill buildings, or any that are subject to corrosive action of 
gases, shall have all the above loads increased 25 per cent." 

Under the head of unit strains you will notice that the grade 
of steel adopted is soft medium steel, and since this was written 
originally many other specifications have been changed to cover 
this grade. 



ORDINARY SPECIFICATIONS 35 

A special division has been given to Plate Girders for the 
reason that they are not always used in buildings, but it seemed 
advisable to give a specification for them. 

In regard to the corrugated iron covering you will notice that 
IS gone into fully, as to the size of the corrugations, weight, the 
gauge to be used, etc. 

The next section takes up ventilation, merely as deduced from 
practice. In the matter of louvers, I want to call the reader's 
attention to the manner in which they are made. They are 
often made out of pieces of sheet iron with bent or flanged edges, 
or sometimes with a curled edge. The object of making the curl 
is to strengthen or stiffen it and to make it carry over a longer 
span. The one I generally use is simply corrugated, one that 
can be turned out by any manufactory of corrugated iron. It is 
cheap and stiff. 

In the matter of lighting, the paragraph which is given to that 
is simply a practical statement. I do not know that there is 
any scientific way of getting at any particular amount of light 
for a building. Years ago buildings were constructed very 
badly in this respect, and had comparatively little natural 
light, so that on dark days, or early in the afternoon of short 
winter days, there would be practically no light at all. Now 
buildings are constructed sometimes so that the sides are nearly 
all windows. 

In this specification, ''Details of Construction" are practically 
the same as given in a bridge specification, which is also true of 
*' Workmanship." 

With reference to "Quality of Materials," I have already 
explained that, as regards steel, the specification covers soft 
medium steel for all main members. Wrought iron is covered 
because a great many rods and rivets used to be made of that 
material, whereas soft steel is now generally used. It is now 
possible to get all material of steel that will answer every 
requirement. 

In the matter of painting, this specification is different from 
the ordinary bridge specification, owing to the fact that it calls 
for lead paint. In ordinary cases it is just as well to use ordi- 
nary lead paint of good quality, although red-lead paint is very 
much better in some special cases. 

Cooper's "Specification for Steel Railroad Bridges" comes next 



36 ENGINEERING AND CONTRACTING 

on the list, and it is probably the best general specification of its 
kind that is published ; also it was about the first that was ever 
gotten out. Cooper has kept it right up to date, and whenever 
there has been any change in the quality or class of materials 
used, this has been changed also; so that his 1906 edition 
represents the very latest things in bridge work. It is also the 
best elementary treatise on bridge work, I think, that has ever 
been written. Cooper's specifications have the merit, as well, 
of being extremely simple. 

Under the head of "General Description," the principal thing 
to be noted is the different types of bridges specified for 
various lengths. It was the idea of engineers fifteen years 
ago that riveted trusses could not be constructed at any rea- 
sonable cost beyond 120 feet in length, but Cooper gives the 
limit as 150 feet for present-day practice. I was told years ago 
by Mr. George H. Thomson, at one time bridge engineer for the 
New York Central and Hudson River Railroad, who had wide 
experience along that line, that riveted trusses can be constructed 
up to 200 feet span or over as cheap or cheaper than pin con- 
nected, and my own experience during the past ten years has 
verified this statement. 

The compound Warren truss is one that was used by the 
Union Bridge Company in building the K. and I. Bridge at 
Louisville, Ky., and it is a very good type of truss for a riveted 
structure. Some of the , bridge companies use the multiple 
system of trussing for riveted work. 

It will be noted that the " General Description " given in 
Cooper is quite extensive. 

About the division of " Loads," page 4, paragraph 23, it may 
be said that Cooper's loadings are perhaps the most used of any 
that are specified in a general specification, for the reason that 
it is a very simple and very uniform system of loading. Wad- 
dell's is practically the same in get-up, but does not fit 
actual conditions so well for the different railways as Cooper's 
does. Of course, each of the big railway lines has a load- 
ing of its own, with the idea that it is getting exactly at the 
weight of the trains that are running over the bridges every 
day; but while a railroad may have a particular type of loco- 
motive this year, it is liable to change to an entirely different 
class another year, so that the actual loading does not fit the 



ORDINARY SPECIFICATIONS 37 

bridges well at all; therefore in going over a calculation of 
stresses of a number of bridges on the same road for any 
particular loading it will be found that hardly any two bridges 
are just right for the loading. 

The wind loads specified by Cooper have become the prac- 
tical standard of the world, and are used the w^orld over for 
railroad bridges, as are also his wind loads for highway 
bridges. 

The unit stresses for rivets and combined strains given on 
pages 10 and 11 are just the ordinary ones that are used in the 
design of details for bridges. Use simply the various unit 
strains as they are set forth there. 

In the matter of *' Details of Construction" on page 12, it 
would be well to take up each clause and study it carefully, as 
it gives the best practice in the detailing of bridge work. 

It will be noted that Cooper specifies that the steel must be 
made by the open-hearth process. He declined for many years 
to say what method of manufacture should be used, simply re- 
quiring it to come up to certain specifications as to strength; but 
he finally came to specify that all steel should be made by the 
open-hearth process, as Bessemer steel is not as uniform as that 
made by the open-hearth process. If going into steel construc- 
tion as a business, the reader should not fail to get Howe's 
*' Metallurgy of Steel " and study up this subject thoroughly. 
Probably 90 per cent of the structural steel manufactured now 
is made by the basic open-hearth method. It is a method 
that uses a very much larger proportion of scrap iron than 
others, but gives a better product. Cooper sticks to the old 
idea of using soft and medium steel, although 50 per cent of the 
railroads use soft medium steel; some still use medium steel for 
some parts and soft steel for other parts. 

Wherever castings are to be used in bridges, it is very much 
better to use cast steel than cast iron. Cast iron is very brittle. 
Cast steel has higher tensile strength than rolled steel. 

There is also a specification for timber, that is very short 
but one of the best. 

The next section, page 25, speaks of inspectors and covers 
fully though briefly the matter of inspection of structures. The 
practice in late years has been for every railroad to have an in- 
spector go to the mill and inspect the material there before it 



38 ENGINEERING AND CONTRACTING 

goes into the structure, and to see that good material is placed 
in the bridge. 

There are bureaus that furnish inspectors for all sorts of work, 
but the inspectors of these bureaus, when they are hired by a 
small railroad or a small concern, usually do the most service in 
making out their bills and do very little in the matter of inspec- 
tion. They usually go to the shops, call on the general manager, 
get a good cigar, walk down through the shops, spend ten or 
fifteen minutes in looking around, and then catch the next train 
for home. If the reader ever has occasion to hire an inspector 
he should know who he is, for in nine cases out of ten it is 
money thrown away. Often better results are obtained by 
taking the test sheets of the mill and the reports of chemical 
composition. 

On page 27 will be found ''Final Tests of Bridges"; it is all 
right to have that in a specification, but I never considered such 
a test to amount to very much ; that is, to have a test train run 
over the bridge. It is better to know what your material is and 
that the bridge is built well than to test it by having test trains 
run over it at full speed. 

It is well to have Cooper's '' Specifications for Foundations," 
although I cannot say that a general specification for a founda- 
tion is of very much use in letting a contract in actual practice. 
As a short treatise on foundations it will repay careful reading 
and study. The general specification takes up about twelve 
pages, and can be used as a guide, and as a guide only, in writing 
out a specification for any foundation that may be designed. 
I call attention to the headings only, as it is impossible to give 
any general description of foundations, because no two founda- 
tions are alike or even similar. When it comes to the matter 
of timber and piling, this is a specification that is good to use 
and incorporate in the special specification. 

The matter of spikes is one that I never considered it neces- 
sary to make a specification for. The sizes should be shown on 
the drawings. 

Cement should be gone into a great deal more fully than this 
specification does, and for any small work it is better to have 
actual tests made. For any large structure have a detailed speci- 
fication for the cement work. 

The specification for sand is the usual one. It is a fact, 



ORDINARY SPECIFICATIONS 



39 



however, that ordinary sand with some earth in it will often give 
stronger concrete than perfectly clean sand. 

Cement, mortar, gravel, and broken stone are given, and then 
come the various classes of masonry. 

Then we have a specification for steel shells for cylindrical and 
oblong piers. 

The remainder of the specification is a ''General Description 
of Substructures and Methods of Founding," which is valuable 
as a short treatise on foundations and for reference purposes 
when engaged in practical work. 

General Specifications for Steel Roofs and Buildings. 

By CHARLES EVAN FOWLER. 
General Description. 

1. The structure shall be of the general outline and dimen- Diagram. 
sions shown on the attached diagram, which gives the principal 
dimensions and all the principal data. (2, 72.) 

2. The sizes and sections of all members, together with the 
strains which come upon them, shall be marked in their proper 
places upon a strain sheet, and submitted with proposal. (1, 72.) 

3. The height of the building shall mean the distance from top Clearances. 
of masonry to under side of bottom chord of truss. The width 

and length of building shall mean the extreme distance out to out 
of framing or sheeting. 

4. The pitch of roof shall generally be one-fourth. (6.) 



Loads. 

The trusses shall be figured to carry the following loads: 
5. Snow loads. 



Snow Load, 



Location. 



Southern States and Pacific Slope 

Central States 

Rocky Mountain States 

New England States 

Northwest States 



Pitch of Roof. 



1-2 


1-3 




1-4 


1-5 


1-6 

















7 


15 


22 


30 





10 


20 


27 


35 





10 


20 


35 


45 





12 


25 


37 


60 



Pounds per hor. sq. foot. 



40 



ENGINEERING AND CONTRACTING 



Wind 6. The wind pressure on trusses in pounds per square foot shall 

Load be taken from the following table: 



J- 








Pitch. 


Vertical. 


Horizontal. 


Normal. 


1-2 = 45° 00' 


19 


19 


27 


1-3=33° 41' 


17 


12 


22 


1-4=26° 34' 


15 


8 


18 


1-5=21° 48' 


13 


6 


15 


1-6=18° 26' 


11 


4 


13 



Weight of 
Covering. 



7. The sides and ends of buildings shall be figured for a uni- 
formly distributed wind load of 20 pounds per square foot of ex- 
posed surface when 20 feet or less to the eaves; 30 pounds per 
square foot of exposed surface when 60 feet to the eaves, and pro- 
portionately for intermediate heights. (6. ) 

8. The weight of covering may be taken as follows: Corru- 
gated iron laid, black and painted, per square foot; 

No. 27 26 24 22 20 18 16 

.90 1.00 1.30 1.60 1.90 2.60 3.30 pounds. 



Weight of 
Trusses. 



Increase of 
Loads. 



Hinimnm 
Load. 



For galvanized iron add 0.2 pounds per square foot to above 
figures. 

Slate shall be taken at a weight of 7 pounds per square foot for 
3-16" slate 6" x 12", and 8.25 pounds per square foot for 3-16" 
slate 12" X 24", and proportionately for other sizes. 

Sheeting of dry pine boards at three pounds per foot board 
measure. 

Plastered ceiling hung below at not less than 10 pounds per 
square foot. 

The exact weight of purlins shall be calculated. 

9. The weight of Fink roof trusses up to 200 feet span may be 
calculated by the following formulae for preliminary value. 

w = .06 s + -6, for heavy loads. 

10 = .04 s + .4, for light loads. (40, 45.) 

s = span in feet, w = weight per hor. sq. ft. in pounds. 

10. Mill buildings, or any that are subject to corrosive action 
of gases, shall have all the above loads increased 25 per cent. 

11. Buildings or parts of buildings subject to strains from ma- 
chinery or other loads not mentioned, shall have the proper allow- 
ance made. 

12. No roof shall, however, be calculated for a less load than 
30 pounds per horizontal square foot. 



ORDINARY SPECIFICATIONS 41 

Unit Strains. 

Soft Medium 

Iron. Steel. 

13. Shapes, net section 15,000 (57.) rn^„.i„ 

Bars 14,000 17,000 oSv 

Bottom flanges of rolled beams. 15,000 ^* 

Laterals of angles, net section . . 20,000 (57.) 

Laterals of bar 18,000 (41.) 

14. Flat ends and fixed ends 12,500- 500 - Compression 

r Only. 
I = length in feet c. to c. of connections. 
r = least radius of gyration in inches. (59.) 

15. Top flanges of built girders shall have the same gross area Flanges, 
as tension flanges. (24.) 

16. Members subject to transverse loading in addition to direct Combined. 
strain, such as rafters, and posts having knee braces connected to 

them, shall be considered as fixed at the ends in riveted work, and 
shall be proportioned by the following formulae, and the unit 
strain in extreme fiber shall not exceed for soft medium steel 15,000. 

S = ^+|.(o2,62.) 

S = Strain per square inch in extreme fiber. 
M = Moment of transverse force in inch pounds. 
n = Distance center of gravity to top or bottom of final section 

in inches. 
I = Final moment of inertia. 
P = Direct load. 
A = Final area. 

Soft Medium 
Soft Steel. Steel. 

17. Pins and rivets 10,000 (57.) Shearing. 

Web plates 7,000 

18. On dia. of pins and rivet holes 20,000 20,000 (57.) Bearing. 

19. Extreme fiber of pins 25,000 Bending. 

Extreme fiber of purlins 15,000 (49.) 

20. Lateral connections will have 25 per cent greater unit Laterals, 
strains than above. 

21. Bolts may be used for field connections at two-thirds of Bolts. 
rivet values. (17, 18.) 

Timber Purlins. 

22. In purlins of yellow pine, southern pine, or white oak, the Timber, 
extreme fiber strain shall not exceed 1200 lbs. per sq. in. (50.) 

Plate Girders. 

23. The length of span shall be considered as the distance from Girders, 
center to center of end bearings when girders rest on bottom 
flange, and from end to end when fastened between columns by 
connection angles. 



42 



ENGINEERING AND CONTRACTING 



Flanges. 



Stiffeners. 



Covering. 



24. The compression flanges shall be stayed transversely when 
their length is more than thirty times their width. (15.) 

One-sixth of the web shall be included as flange area, provided 
proper horizontal splices are made at web joints. 

25. All web plates shall be stiffened at the inner and outer 
edges of the end bearings and at all points of local concentrated 
loading. 

Intermediate stiffeners shall be used provided the shearing strain 
per square inch exceeds that given by the formula: 

15,000 



1 + 



d' 



3000 P 



d = Clear dist. between flange angles in inches. 
t = Thickness of web in inches. 

Corrugated Iron Covering. 



26. Corrugated iron shall generally be of 2^-inch corrugations, 
and the gauge in U. S. standard shall be shown on strain sheet, 

27. The span or distance center to center of roof purlins shall 
not exceed that given in the following table: 



ft. in. 

27 gauge 2 

26 gauge 2 6 

24 gauge 3 

22 gauge 4 



ft. in, 

20 gauge 4 6 

18 gauge 5 

16 gauge 5 6 



(48.) 



28. All corrugated iron shall be laid with one corrugation side 

lap, and not less than four inches end lap, generally with six 

inches end lap. (32.) 
Valleys. 29. All valleys or junctions shall have flashing extending at 

least 12 inches under the corrugated iron, or 12 inches above line 

where water will stand. (35, 36.) 
Ridges. 30. All ridges shall have roll cap securely fastened over the 

corrugated iron. 
Fastenings. 31. Corrugated iron shall preferably be secured to the purlin 

by galvanized straps of not less than five-eighths of an inch wide 

by No. 18 gauge; these shall pass completely around the purlin, and 

have each end riveted to the sheet. There shall be at least two 

fastenings on each purlin for each sheet. 

32. The side laps shall be riveted with six pound rivets not 

more than six inches apart. (28.) 
Finish Angle. 33. At the gable ends the corrugated iron shall be securely 

fastened down on the roof, to a finish angle or channel, connected 

to the end of the roof purlins. 

Ventilators and Louvers. 

Ventilators. 34. Ventilators shall be provided and located so as to properly 

ventilate the building. They shall have a net area of openings for 
each 100 square feet of fioor surface of not less than one-half a 
square foot for machine shops, of not less than five square feet for 
mill buildings, and not less than seven square feet for forge shops. 



I 



ORDINARY SPECIFICATIONS 43 

Louvers shall be provided in ventilators, if necessary, of such Louvers, 
form as to prevent the blowing in of snow or storm water, and of 
a stiff enough section not to sag below horizontal and appear un- 
sightly. They shall not be less than No. 16 gauge galvanized for 
flat louvers, and No. 20 gauge galvanized for corrugated louvers. 

Lighting. 

35. Windows shall be provided in the sides and clearstory or "Windows. 

ventilator of a surface equal to not less than 10 per cent of the 

entire exterior surface of the buildings, in mill buildings, and of not 

less than 20 per cent in machine shops or similiar buildings. (29.) 

36. At least half of the lighting specified shall preferably be in Skylights, 
the form of skylights of some form of construction which shall 
entirely prohibit leaking. (29.) 

Details or Construction. 

37. All tension members shall preferably be composed of Tension 
angles or shapes with the object of stiffness. Members. 

38. All joints shall have full splices and not rely on gussets. 

(65.) 

39. All main members shall preferably be made of two angles, 
back to back, two angles and one plate, or four angles laced. (67.) 

40. Secondary members shall preferably be made of symmetri- 
cal sections. 

41. Long laterals or sway rods may be made of bar, with 
sleeve nut adjustment, to facilitate erection. 

42. Members having such a length as to cause them to sag 
shall be held up by sag ties of angles, properly spaced. 

43. Kafters shall preferably be made of two angles, two angles Compression 
and one plate, or of such form as to allow of easy connection for Members, 
web members. (65.) 

44. All other compression members, except sub-struts, shall be 
composed of sections symmetrically disposed. (65.) 

45. Sub-struts shall preferably be made of symmetrical sections. 

46. The trusses shall be spaced, if possible, at such distances Purlins, 
apart as to allow of single pieces of shape iron being used for pur- 
lins, trussed purlins being avoided, if possible. Purlins shall 
preferably be composed of single angles, with the long leg vertical 

and the back toward the peak of the roof. 

47. Purlins shall be attached to the rafters or columns by clips, 
with at least two rivets in rafter and two holes for each end of 
each purlin. 

48. Roof purlins shall be spaced at distances apart not to ex- 
ceed the span given under the head of Corrugated Iron. (27.) 

49. Purlins extending in one piece over two or more panels, 
laid to break joint, and riveted at the ends, may be figured as con- 
tinuous. 

50. Timber purlins, if used, shall be attached in the same 
manner as steel purlins. 



44 



ENGINEERING AND CONTRACTING 



Sway 
Bracing. 



Bed Plates. 



Anchor Bolts. 



Punching. 



Punching and 
Beaming. 

Effective 
Diameter of 
Rivets. 



Pitch of 
Bivets. 



Length of 

Compression 

Members. 

Tie Plates. 



Lacing Bars. 



51. Sway bracing shall be introduced at such points as are 
necessary to insure ease of erection and sufficient transverse and 
longitudinal strength. (41.) 

52. All such strains shall preferably be carried to the foundation 
direct, but may be accounted for by bending in the columns. (62.) 

53. Bed plates shall never be less than one-half inch in thick- 
ness, and shall be of sufficient thickness and size so that the pres- 
sure on masonry will not exceed 300 pounds per square inch. 
Trusses over 75 feet span on walls or masonry shall have expan- 
sion rollers if necessary. (54.) 

54. Each bearing plate shall be provided with two anchor bolts 
of not less than three-fourths of an inch in diameter, either built 
into the masonry or extending far enough into the masonry to 
make them effective. (53.) 

55. The diameter of the punch shall not exceed the diameter of 
the rivet, nor the diameter of the die exceed the diameter of the 
punch by more than one-sixteenth of an inch. (56.) 

56. All rivet holes in steel may be punched, and in case holes 
do not match in assembled members they shall be reamed out 
with power reamers. (71.) 

57. The effective diameter of the driven rivet shall be assumed 
the same as before driving, and in making deductions for rivet 
holes in tension members, the hole will be assumed one-eighth of 
an inch larger than the undriven rivet. (13, 17.) 

58. The pitch of rivets shall not exceed twenty times the 
thickness of the plate in the line of strain, nor forty times the 
thickness at right angles to the line of strain. It shall never be 
less than three diameters of the rivet. At the ends of compression 
members it shall not exceed four diameters of the rivet for a length 
equal to the width of the members. 

59. No compression member shall have a length exceeding fifty 
times its least width, unless its unit strain is reduced accord- 
ingly. (14.) 

60. Laced compression members shall be stayed at the ends 
by batten plates having a length not less than the depth of the 
member. 

61. The sizes of lacing bars shall not be less than that given in 
the following table, when the distance between the gauge lines is — 

(62.) 

6 inches or less than 8 inches 1 J inches x I inch 

8 inches or less than 10 inches 1^ inches x I inch 

10 inches or less than 12 inches l| inches x ^ incli 

12 inches or less than 16 inches 2 inches x f inch 

16 inches or less than 20 inches 2 ^ inches x ^ inch 

20 inches or less than 24 inches 2^ inches x ^ inch 

24 inches or above of angles. 

They shall generally be inclined at 45 degrees to the axis of the 
member, but shall not be spaced so as to reduce the strength of 
the member as a whole. 



ORDINARY SPECIFICATIONS 45 

62. Where laced members are subjected to bending, the size of Bending. 
lacing bars or angles shall be calculated or a solid web plate used. 

(13, 14, 61.) 

63. All rods having screw ends shall be upset to standard size. Upset Bods, 
or have due allowance made. 

64. No metal of less thickness than one-fourth inch shall be Variation in 
used, except as fillers, and no angles of less than two-inch leg. A Weight, 
variation of 3 per cent shall be allowable in the weight or cross 

section of material. 

Workmanship. 

65. All workmanship shall be first class in every particular. Finished 
All abutting surfaces of compression members, except where the Surfaces, 
joints are fully spliced, must be planed to even bearing so as to 

give close contact throughout. (38.) 

66. All planed or turned surfaces left exposed must be pro- 
tected by white lead and tallow. (89.) 

67. Rivet holes for splices must be so accurately spaced that Biveta. 
the holes will come exactly opposite when the members are brought 

into position for driving rivets, or else reamed out. (38, 70, 71.) 

68. Rivets must completely fill the holes and have full heads 
concentric with the rivet holes. They shall have full contact with 
the surface, or be countersunk when so required, and shall be 
machine driven when possible. Rivets must not be used in di- 
rect tension. 

69. Built members when finished must be free from twists, 
open joints or other defects. (65.) 

70. Drift pins must only be used for bringing the pieces to- Drilling, 
gether, and they must not be driven so hard as to distort the 

metal. (71.) 

71. When holes need enlarging, it must be done by reaming Beaming. 
and not by drifting. (70.) 

72. The decision of the engineer or architect shall control as Drawings 
to the interpretation of the drawings and specifications during the *^". Specifl- 
progress of the work. But this shall not deprive the contractor of 

right of redress after work is completed, if the decision shall be 
proven wrong. (1,91,95.) 

Quality of Material. 
Wrought Iron. 

73. All wrought iron must be tough, ductile, fibrous and of Character 
uniform quality. Finished bars must be thoroughly welded ^^^ Finish, 
during the rolling, and be straight, smooth and free from injurious 

seams, blisters, buckles, cracks or imperfect edges. 

74. No one process of manufacture is preferred over another, Manufac- 
provided the material complies with this specification. tnre. 

75. For tension tests the test piece shall have as near one-half Standard 
square inch of sectional area as possible, and a length of at least "®*^ Pieces. 
8 inches with uniform section, for determining the elongation. 



46 



ENGINEERING AND CONTRACTING 



Elastic 76. The elastic limit shall not be less than 26,000 pounds per 

Limit. square inch for all classes of iron. 

Tension Iron. 77. Standard test pieces from iron having a section of 4| 
square inches or less shall show an ultimate strength of not less 
than 50,000 pounds per square inch and an elongation in 8 inches 
of not less than 18 per cent. 

78. Standard test pieces from bars of more than 4^ square 
inches section will be allowed a reduction of 600 pounds for each 
additional square inch of section, provided the ultimate strength 
does not fall below 48,000 pounds or the elongation in 8 inches 
below 15 per cent. 

79. All iron for tension members must bend cold through 90 
degrees to a curve whose diameter is not over twice the thickness 
of the piece, without cracking. 

80. Not less than one sample out of three shall bend cold to 
this curve through 180 degrees, without cracking. 

81. When nicked on one side and bent by a blow from a sledge, 
the fracture must be wholly fibrous. 



Manufac- 
ture. 

Standard 
Test Pieces. 



Finish. 

Grades of 
Steel. 

Phosphorus 
and Sulphur 
Limit. 

Soft Steel. 



Soft Medium 
Steel. 



Steel. 

82. Steel made either by the Bessemer or Open Hearth process 
of manufacture shall be acceptable. 

83. Test pieces for tension and bending tests shall have as near 
one-half square inch of sectional area as possible and a length of 
at least 8 inches with uniform section, for determining elongation. 

84. One test piece for tension and one for bending are to be 
taken from each heat or blow of finished material. 

85. Finished bars must be free from flaws, cracks or injurious 
seams and have a first-class finish. 

86. Steel of soft and soft medium grades only are to be used, 
the soft steel for rivets and offset or bent angles or plates, and 
soft medium for all other parts where iron is not optional. The 
phosphorus shall never exceed in any steel 0.08 per cent, nor the 
sulphur 0.04 per cent. (56.) 

87. Standard test pieces of finished material shall have an ulti- 
mate strength of from 50,000 to 60,000 pounds per square inch; 
an elastic limit of one-half the ultimate strength; an elongation 
in 8 inches of not less than 25 per cent; and a reduction of area at 
fracture of not less than 50 per cent. Samples to bend cold 180 
degrees flat on itself, without sign of fracture on the outside bent 
portion. 

88. Standard test pieces of finished material shall have an ulti- 
mate strength of from 55,000 to 65,000 pounds per square inch; 
elastic limit not less than one-half the ultimate strength; an elon- 
gation in 8 inches of not less than 25 per cent; and a reduction of 
area at fracture of not less than 50 per cent. Samples to bend 
cold 180 degrees to a diameter equal to the thickness of the 
sample without crack or flaw on the outside of the bent portion. 



ORDINARY SPECIFICATIONS 47 

Painting. 

89. All iron or steel framing and all corrugated iron, unless Painting, 
galvanized, shall have one coat of pure lead paint before leaving 

the shop; all surfaces in contact shall have one heavy coat of pure 
lead paint before assembling, and all planed or turned surfaces 
shall be coated with white lead and tallow, (66.) 

90. Parts difficult of access after erection shall have two coats 
of pure lead paint at the shop. 

91. After erection all the work except galvanized iron shall re- 
ceive one coat of pure lead paint of such shade as the engineer or 
architect may select, and it shall be thoroughly and evenly ap- 
plied. (72, 95.) 

Erection. 

92. The contractor will furnish all tools, derricks or staging Erection, 
and material of every description for the erection of the whole or 

such portions of the work as are included in the contract, and re- 
move the same when the work is completed, leaving the premises 
as free from rubbish or obstruction as when the erection was com- 
menced. 

93. The contractor shall assume all risks from storms or acci- 
dents to the work, unless caused by the negligence or interference 
of the owner or his employees; also all damage to persons and 
properties and casualties of every description, until the final ac- 
ceptance of the completed structure. 

94. The contractor shall comply with all ordinances or regula- 
tions of the authorities having jurisdiction over the premises or 
abutting premises. 

95. The erection is to be carried on subject to the approval and 
inspection of the engineer or architect, and it is to be completed to 
his satisfaction and in full accordance with the contract (72, 91.) 



48 ENGINEERING AND CONTRACTING 

Specifications for Structural Steel and Wr ought-iron 

Mill Products. 

(Prepared by Bureau of Yards and Docks.) 
Issued by the Navy Department, October 4, 1907. 

1. Mill orders. — The contractor shall furnish the Bureau of Yards and 
Docks with complete copies of mill orders, in triplicate, and no material 
shall be rolled before the copies shall have been received by the Bureau. 

2. Steel manufacture and properties. — Steel shall be made by the open- 
hearth process and have chemical and physical properties in conformity with 
the following limits: 



Elements Considered. 


Plates, Shapes, 
and Bars. 


Rivet Steel. 


Steel Cast- 
ings. 


Iron. 


Phosphorus, maximum 

(basic). 
Phosphorus, maximum 

(acid). 

Sulphur, maximum 

Ultimate tensile strength 

(pounds per square inch). 
Elongation, minimum per) 

cent in 8 inches. ) 
Elongation, minimum per 

cent in 2 inches. 
Character of fracture 

Cold bends without frac- 
ture 


0.04 per cent 

. 06 per cent 

0.05 per cent 
56,000 to 
64,000. 
1.500.000 

Ult. T. Str. 
22 


0.04 per cent 

0.04 per cent 

0.04 per cent 

46,000 to 

54,000. 

.1,500,000 

Ult. T. Str. 


. 05 -pet cent 

. 08 per cent 

0.05 per cent 
65,000 mini- 
mum. 








50,000 mini- 
mum. 

18. 


15 


Silky 

180° flat 


Silky 

180° flat 


Silky or fine 

granular. 
90°d=3t . . 


Wholly 

fibrous. 

135°d=2t. 



Rivet steel, when nicked and bent around a bar of the same diameter as 
the rivet rod, shall give a gradual break, and a fine, silky, uniform fracture. 
Iron, when nicked and bent, shall show a fracture at least 90 per cent of 
which is fibrous. 

3. Allowable variation in physical properties. — If first test shows ultimate 
strength for plates, shapes, bars, or rivet steel to be outside of prescribed 
limits, a retest shall be made on the same gauge, which, to be acceptable, 
shall be within 1000 pounds of the specified limits. Elongation limits for 
material less than ^ inch thick, or in excess of | inch in thickness, may be 
reduced 1.25 per cent for each ^ inch of variation. Cold bending tests for 
plates, shapes, and bars which are 1 inch or more in thickness, will be satis- 
factory if specimen bends 180° around a pin having diameter twice the thick- 
ness of the specimen, without showing fracture on outside of bend. Steel 
bars for reenforced concrete will be satisfactory if maximum ultimate 
strength does not exceed 90,000 pounds per square inch, and when bars will 
bend cold 180° without fracture around their thickness multiplied by 
(ultimate strength — 55,000) 

7500 

4. Allowable variation in weight. — A variation in cross section or weight 
of each piece of steel of more than 2.5 per cent from that specified will be 



ORDINARY SPECIFICATIONS 49 

sufficient cause for rejection, except in the case of sheared plates, for which 
variations will be permitted as allowed in the standard specifications adopted 
in 1906 by the American Railway Engineering and Maintenance of Way 
Association. 

5. Finish. — Finished material shall be free from injurious seams, flaws, 
cracks, defective edges, or other defects, and have a smooth, uniform, and 
workmanlike finish. Plates 36 inches in width and under shall have rolled 
edges, 

6. Steel castings. — All steel castings shall be true to pattern and shall be 
annealed to the satisfaction of the inspecting engineer. Castings shall be 
free from cold shuts, sand holes, blow holes, and any other defect which in 
the opinion of the inspecting engineer would cause or tend to make them 
unsuitable for the service for which they might be intended. 

7. Wrought iron. — Wrought iron shall be double- rolled, tough, fibrous, uni- 
form in character, thoroughly welded in rolling, and free from surface defects. 

8. Stamping. — Every finished piece of steel shall have the melt number 
and the name of the manufacturer stamped or rolled upon it. Steel and 
pins for rollers shall be stamped on the end. Rivet and lattice steel and 
other small parts may be bundled, with the above marks on an attached 
metal tag. 

9. Rules governing physical tests. — Test bars shall have forms and dimen- 
sions .as required by the general specifications adopted in 1906 by the 
American Railway Engineering and Maintenance of Way Association. 
Specimens for physical tests representing material in plates, shapes, and bars 
shall be made upon coupons cut from the finished product and shall have 
both faces rolled and both edges either milled to form, parallel, or turned to 
a diameter of f inch ; parallel edges shall have a length of at least 9 inches ; 
specimens shall be provided with enlarged ends. Tensile, elongation, and 
fracture tests representing material in pins, rollers, and steel castings shall 
be made upon turned specimens having a uniform reduced diameter of ^ inch 
for a length of 2 inches between enlarged ends ; bending tests shall be made 
upon specimens 1 inch by ^ inch. Specimens representing pins and rollers 
shall be cut from the finished stock in such manner that the center of the 
specimen shall be 1 inch from the surface of the bar. Specimens represent- 
ing steel castings shall be made from coupons which are molded, cast, and 
annealed as integral parts of the castings and which are not cut from the 
castings until after the completion of the anncahng process; individual 
coupon tests and reports will be made for each casting unless otherwise else- 
where specified. Bending tests may be made either by pressure or by blows. 

10. Tests and test reports. — Chemical determinations of the percentages 
of carbon, phosphorus, sulphur, and manganese shall be made by the manu- 
facturer from a test ingot taken at the time of pouring of each melt of steel, 
and a correct copy of such analysis in triplicate shall be furnished the 
inspecting engineer. The manufacturer shall also make at least one set of 
physical tests from each melt of steel and iron as rolled or cast; in case steel 
differing f inch and more in thickness is rolled from one melt, a test shall be 
made from the thickest and thinnest material rolled. Each set of tests will 
include the determination of ultimate tensile strength, elongation, character 



50 ENGINEERING AND CONTRACTING 

of fracture, cold bending, and yield point as indicated by drop of beam. In 
case the United States may desire check analyses at any time, such analyses 
shall be made at the expense of the United States, and an excess of 25 per 
cent will be allowed for such results, as compared with the limits prescribed 
in the table. 

11. Mill tests and inspections. — Mill analyses, tests, inspections, and 
reports shall be made entirely by the manufacturer, or by the manufacturer 
subject to the supervision and direction of a Government inspector, as may 
be elected by the Bureau of Yards and Docks. The manufacturer, at his 
own expense, shall furnish all facilities for inspecting and testing the weight 
and quality of all material at place of manufacture, and shall furnish suit- 
able laboratory and testing machines and prepare samples and specimens for 
testing. The inspector shall be given ample notice as to the mill's schedule 
in order that he may take samples or make analyses, tests, or inspections, 
but it is understood that the routine operations of the mill will not be 
delayed, due to the absence of the inspector, but in such case the manu- 
facturer will proceed with the tests and inspections as though no inspector 
had been detailed. The inspector shall have free access, at all times, to all 
parts of the mill where material to be inspected by him is being manu- 
factured or tested. Analyses, tests, and inspections shall be made in accord- 
ance with recognized standard methods. The manufacturer shall prepare 
and furnish the inspector, in triplicate (or the Bureau of Yards and Docks 
in case no inspector has been detailed), with complete copies of reports, also 
complete shipping invoices for each shipment. The manufacturer shall 
guarantee and be held responsible for the accuracy of all analyses, tests, 
inspections, and reports. 

12. Defective material. — Material which, subsequent to the prescribed 
tests at the mills and its acceptance there, develops weak spots, brittleness, 
cracks, or other imperfections, or is found to have injurious defects, will be 
rejected at the shop and shall be replaced by the manufacturer at his own 
expense. 

13. Shipping invoices. — Complete copies of shipping invoices for each 
shipment, in triplicate, shall be furnished the inspecting engineer, or be for- 
warded to the Bureau of Yards and Docks in case there has been no inspector 
detailed. 

Shop Work. 

14. Shop orders. — The contractor shall furnish the Bureau of Yards and 
Docks with complete copies of shop orders, in triplicate, and shall also notify 
the Bureau at least 10 days before shop work is to be commenced in order that 
proper arrangements may be made for shop inspection. 

15. General requirements. — All members forming a structure shall be built 
in accordance with approved drawings. Workmanship and finish shall be 
equal to the best practice in modern bridge work. No material less than ^ inch 
in thickness shall be used, except for fillers, beams, and channels, unless spe- 
cifically required by the contract. Lattice bars shall have neatly rounded ends 
unless otherwise specified. Stiffeners shall fit neatly between flanges of girders, 
and where tight fits are called for, the ends of stiffeners shall be faced and be 



ORDINARY SPECIFICATIONS 51 

brought to a true contact bearing with flange angles. Web splice plates, and 
fillers under stiffeners, shall be cut to fit within ^ inch of flange angles. The clear- 
ance between ends of spliced web plates shall not exceed ^ inch. The several 
pieces forming one built member shall be straight and fit closely together. 
Finished members shall be free from twists, bends, or open joints. Com- 
pression joints, depending upon contact bearing, shall have surfaces truly faced 
so as to have full contact bearing when perfectly aligned and riveted up com- 
plete. All faces and surfaces shall be truly planed where so required by the 
contract. Pin holes shall be bored after members are riveted; shall be true to 
gauges, smooth, straight, at right angles to the axis of the member, and parallel 
to each other, unless otherwise specified; shall be accurately spaced to within 
^ inch. Pins and rollers shall be accurately turned to gauges and shall be 
straight and smooth and entirely free from flaws. Diameter of pin holes shall 
not exceed diameter of pins by more than ^ inch. Screw threads shall make 
tight fits in the nuts and shall be United States standard, except above the 
diameter of If inch, when they shall be made with 6 threads per inch. Steel, 
except in minor details, which has been partially heated, shall be annealed. 
Welds in steel will not be allowed. Ends of tension rods shall be upset so that 
failure in service would occur in the body of the rods. Expansion bedplates 
shall be planed true and smooth ; cast wall-plates shall be planed top and bot- 
tom; cut of planing tool shall correspond with the direction of the expansion. 
Pins, nuts, bolts, rivets, and other small details shall be boxed or crated ; weights 
shall be plainly marked on the packages. Field rivets shall be furnished to the 
amount of 15 per cent plus 10 rivets in excess of the nominal number required 
for each size. 

16. Preparation of material before assembling. — Material shall be thoroughly 
straightened in the shop by methods which will not injure it, and be cleaned of 
rust and dirt if such exists before being laid off or worked in any way. Shear- 
ing shall be neatly done and all portions of the work which will be exposed to 
view after completion shall be neatly finished. Surfaces in contact after assem- 
bling shall be painted before being assembled. 

17. Rivets, rivet holes, riveting, and bolls. — Size of rivets as designated on 
plans shall be understood to mean the actual size of the cold rivet before heating. 
Pitch of rivets shall not be less than 3 times the diameter of the rivet, nor 
greater than 6 inches or 10 times the thickness of the thinnest outside section. 
Punching shall be accurately done; when general reaming is not required, the 
diameter of the punch shall not be more than ^ inch greater than the diameter 
of the rivet, nor the diameter of the die more than ^ inch greater than the diam- 
eter of the punch; material more than I inch thick shall be subpunched antl 
reamed or drilled from the solid; drifting to enlarge unfair holes will not be per- 
mitted; if holes must be enlarged to admit the rivet, they shall be reamed; poor 
matching of holes will be cause for rejection. Riveted members shall have all 
parts well pinned up, and firmly drawn together with bolts before riveting is 
commenced. Rivets shall be driven by pressure tools wherever possible and 
pneumatic hammers shall be used in preference to hand driving. Completed 
rivets shall look neat and finished ; shall have heads of approved shape, full and 
of equal size; heads shall be central on sliank and grip the assembled pieces 
firmly. Recupping and caulking of rivets will not \v permitted. Loose, 



62 ENGINEERING AND CONTRACTING 

burned, or otherwise defective rivets shall be cut out and replaced ; great care 
shall be taken in cutting out rivets not to injure the adjacent metal, and, if 
necessary, they shall be drilled out. Whenever bolts must be used in place of 
rivets to transmit shear, the holes shall be reamed parallel and the bolts turned 
to a driving fit ; washers not less than J inch thick shall be used under nuts. 

18. Reamed work. — When reaming is required by the contract, the punch 
used shall have a diameter not less than ^ inch smaller than the nominal diam- 
eter of the rivet. Reaming shall be done after the pieces forming one built 
member are assembled and firmly bolted together, using twist drills having 
diameter ^ inch larger than the nominal diameter of the rivet. Outside burrs 
on reamed holes shall be removed. 

19. Shop paint and painting. — All steel work, except rods for reenforcing 
concrete, shall be painted or coated at the shop before shipment. Exposed 
surfaces which are inaccessible after fabrication shall be given two coats of 
paint; all other surfaces, except machine-finished surfaces but including sur- 
faces in contact after assembling, shall be given one coat of paint. All surfaces 
shall be carefully cleaned of all moisture, scale, rust, grease, dirt, chips, and 
other foreign matter before being painted, and, in case two coats of paint are 
required, the first coat shall be dry before the second coat is applied. No paint- 
ing shall be done in wet or freezing weather except under cover. Machine- 
finished surfaces shall be coated with white lead and tallow before being put out 
into the open air. Paint for shop coats shall be composed of red lead, white 
zinc, raw linseed oil, and turpentine Japan dryer mixed in proportions of 100 
pounds of lead, 20 pounds of zinc, 5 gallons of oil, and 3| pints of dryer. Paint 
shall be freshly mixed in small quantities and be well stirred before using. 
Paint materials shall conform to Navy Standard Specifications, so far as same 
are applicable. 

20. Shop inspection. — The manufacturer shall furnish all facilities for in- 
specting and testing the weight and quality of workmanship at the shop where 
material is manufactured. Shop inspection will be made by an inspecting 
engineer assigned by the Bureau of Yards and Docks, unless such inspection 
shall not be considered warranted by the Bureau because of the magnitude or 
the character of the work, in which case shop inspection will be made by the 
manufacturer. The inspecting engineer shall have full access at all times to all 
parts of the shop where material under his inspection is being manufactured. 
The inspecting engineer shall stamp each piece which is accepted with a private 
mark; any piece not so marked may be rejected at any time and at any stage 
of the work. It shall be distinctly understood that shop inspection shall not 
operate in any manner to relieve the manufacturer from full responsibility for 
the accuracy and character of the work in all of its details, and that errors or 
faults which may be discovered after delivery or during erection shall be satis- 
factorily corrected by the manufacturer in accordance with the requirements 
of the contract and without any increase in the contract price. 

21. Loading and shipping invoices. — Material shall be so prepared for ship- 
ment and be so loaded that it will suffer no distortion or damage during 
transportation. Complete copies of shipping invoices for each shipment, in 
triplicate, shall be furnished the inspecting engmeer, or be forwarded to the 
Bureau of Yards and Docks in case there has been no inspector detailed. 



ORDINARY SPECIFICATIONS 53 

Field Work. 

22. Unloading, storing, and handling. — Material shall be unloaded, stored, 
and handled in such manner and with such appliances and care as to prevent 
the distorting and injuring of the members ; material which is injured shall be 
repaired or replaced if necessary, as may be required by the officer in charge 
and at the expense of the contractor. 

23. Erecting. — All tield connections shall be riveted. The various mem- 
bers forming parts of a completed frame or structure after being assembled 
shall be accurately aligned and adjusted before riveting is begun. All require- 
ments specified for shop work which are applicable shall apply to field work. 

24. Painting steelwork after erection. — Steel for reenforcing concrete shall 
not be painted. Surfaces which are to remain in free contact with air but 
which are to be covered in or incased by brickwork, fireproofing or framing, 
shall be given one coat of paint. All surfaces which are to remain exposed 
upon the completion of the structure, both exterior and interior, shall be given 
two coats of paint. Surfaces which have been chafed or imperfectly covered 
shall be properly retouched and allowed to dry before applying any final coat 
of paint. Freshly painted surfaces shall be allowed to dry before being inclosed. 
Both coats of paint used for finishing exposed surfaces shall be composed of 
white lead and boiled linseed oil, which conform with requirements of Navy 
Standard Specifications, mixed in proportions and colored as may be directed 
by the officer in charge. Paint used for inclosed surfaces shall be the same as 
required for shop coat. Painting shall be done only at such times as may be 
approved by the officer in charge and subject to the same restrictions as to 
weather and preparation of surfaces as specified for shop coats. Succeeding 
coats of paint shall be mixed so as to vary somewhat in color in order that there 
may be no confusion as to the surfaces which have been painted. 

25. Steel for reenforcing concrete. — Steel shall be stored under shelter ; shall 
be cleaned from all loose scale, oil, grease and dirt before being embedded ; 
and shall be secured in place to the satisfaction of the officer in charge. 

Copies of the above specifications can be obtained upon application to the 
various navy pay offices or to the Bureau of Supplies and Accounts, Navy 
Department, Washington, D. C. 

References : Bureau of Supplies and Accounts, case 102908; Bureau of Yards 
and Docks, 5,862, October 3, 1907. 



CHAPTER IV. 

SPECIAL FORMS OF SPECIFICATIONS. 

The specifications discussed in the last chapter were those of 
a general character, and so worded that they can be applied to 
any particular work by adding a few pages describing the piece of 
work for which they are to be used. 

The special forms to be discussed in this chapter are those of 
the War and Navy Departments of the United States Govern- 
ment. In some respects they are general as well, especially as 
regards the General Instructions for Bidders and General Condi- 
tions, but in the latter parts they are applied to special pieces 
of work. 

Many of the clauses in both the War and Navy specifications 
are prescribed by law, while others are forms which have become 
established by long usage. 

The specification for dredging Olympia Harbor is one that we 
will discuss in detail; it is issued by the Engineer's Department 
of the War Department. 

The first section is the advertisement of the work, which is 
also published in newspapers of both national and local circula- 
tion, so as to reach all the persons or firms likely to bid on such 
work. In this is named the day, hour, and place at which bids 
will be received. The information is also given that '^ Specifica- 
tions, blank forms, and all available information will be furnished 
on application" at the U. S. Engineer's office, in the Burke 
Building, Seattle, Washington. 

Then follow the *' specifications" proper, which are divided 
into ''General Instructions for Bidders," "General Conditions," 
and lastly ''Special Conditions." 

After these are blank forms for "Proposal for Dredging," 
"Guarantee to Accompany Proposal," for a corporation or bond 
company, and "Guarantee to Accompany Proposal," for indi- 
viduals. 

We will now proceed to discuss these in detail by taking them 
up item by item as far as the limitations of this work will permit. 

64 



SPECIAL FORMS OF SPECIFICATIONS 55 

Item No. 1. Under general instructions for bidders, refers to 
the United States statutes, which prohibit the importation of 
aliens or foreigners, under contract, to perform labor in the 
United States. This law was made supposedly to protect the citi- 
zens of the United States, but in some respects I regard it as a 
very bad thing, as it is part and parcel of all such laws as the 
tariff law, which in theory are entirely wrong. I do not believe 
that in the great majority of cases any great harm is done to 
citizens of the United States by foreigners being allowed to come 
into the country, because conditions are very often such that it 
is almost impossible to carry on a piece of work of any magni- 
tude without the aid of foreigners or foreign laborers. 

Item No. 2. Is another clause somewhat similar to No. 1, 
giving preference to the use of articles of domestic production. 

Item No. 3. Specifies that no proposals will be considered 
unless accompanied by a guaranty. This guaranty will be 
found at the end of the specification. The one usually filled out 
is from a surety company, agreeing that it will go on the bond of 
the contractor in case the contract is awarded to him. It used to 
be customary to go to some friends and ask them to go on 
the bond, but now there are surety and bond companies that 
stand ready to go on a bond for almost any amount. This re- 
lieves the contractor of the necessity of asking friends to go per- 
sonal security for him — a thing which a great many do not like 
to do. Only the other day a gentleman asked me to sign a bond 
for a small amount; I did so, but it was very much against my 
inclination. The thing to do is to go to a surety company 
when you want a bond for any work, and let others do the 
same. The guaranties on the succeeding pages are for indi- 
vidual securities. The blank spaces explain themselves. All 
bonds for the War Department are made in triplicate (Item 4) ; 
the first being for the engineer in charge of the work, the second 
for the division engineer, and the third goes to the War Depart- 
ment at Washington. 

The guaranty is specified under Item 5, to be signed by 
the surety company, or by two responsible guarantors. 

Item No. 6. Specifies that an individual a member of the 
firm or corporation or partnership will not be accepted as a 
surety, this being the same in effect as a person going on his 
own bond. 



66 ENGINEERING AND CONTRACTING 

Item No. 7. Specifies how the signature to a bond should be 
made and witnessed, together with the seal, etc. In the case 
of a corporation going on a bond, it has to file with the bond 
a blank form, properly filled out, showing that the oflficial signing 
for the corporation is properly authorized to do so, and that 
the bonds have been accepted by the War Department at 
Washington. 

Item No. 8. Specifies the exact amount for which each guar- 
antor must justify for this particular piece of work. There 
are some blanks at the end for bondsmen to fill out. Each 
bondsman is required to go before a notary public or some other 
like official and swear that he is worth double the amount of 
money for which he goes on a bond, over and above all his just 
debts and liabilities. 

Item No. 10. Refers to something \yhich is more fully set 
forth in Bolles's book on Commercial Law. In effect it is that 
where a contract of any kind is made by or with a corporation, 
one or more of the officers of the corporation, who are duly 
authorized to do so, must sign the contract or agreement in 
behalf of the corporation. The name of the corporation must 
be signed, and the name of the official who is authorized to act 
for the corporation, together with his title, and the seal of the 
corporation attached. The Government always requires that a 
company making a contract shall file with the department a copy 
of the minutes or records of the company, showing where and how 
this official was authorized to act and sign for the company. 

Item No. 11. Requires all prices to be written out in full, as 
well as expressed in figures, so as to make sure that they may be 
rightly understood and that no mistake may occur. 

Item No. 12. Requires that a copy of the advertisement call- 
ing for bids, instructions to bidders, and specifications must be 
securely attached to the proposal. In all cases where the War 
Department is concerned these are all attached and bound 
together. 

Item No. 13. Makes it obligatory on the part of the bidder 
to make out his bid or proposal without the aid or assistance 
of any person in the employ of the Government. This is as a 
guard against any collusion or favoritism. 

Item No. 14. Specifies that no bidder will be informed directly 
or indirectly of the name of any person who is making a bid or 



SPECIAL FORMS OF SPECIFICATIONS 57 

who is going to make a bid for the same piece of work. This 
is considered necessary in order to prevent collusion between 
two or more parties or firms bidding for the same work. 

Item No. 15. Requires that all the blank spaces in the pro- 
posal and bond must be filled in, and that no change must be 
made in the wording. In some instances there may be added to 
a bid supplemental figures on some other basis, but only occa- 
sionally is a bid accepted in which the work is to be done on a 
changed specification. 

Item No. 16. Provides that in case there are any alterations 
or erasures the same must be fully explained. 

Item No. 17. Provides that a bidder can withdraw his bid 
before the time set for opening same, if he so desires. 

Item No. 18. Provides that no bid can be received after the 
time set. The War Department, and in fact all the Government 
Departments, are very particular about having the bids filed 
exactly according to regulations. That is, the bids must be 
enclosed in the manner specified and the envelopes must be 
addressed in just such a way, and must state what the bid is 
for, and the name of the bidder, etc. There must not be too 
much, either ; but if a single word that ought to be there is left 
out it might be construed as making the bid informal, and the 
bid might be thrown out for that reason alone. 

Item No. 20. Specifies that the quantities and the measure- 
ments given are only approximate, and that no claim shall be 
made against the United States for any difference after the work 
is started. The same thing is true about the locality. The 
bidder is expected to examine the locality for himself, and the lay 
of the ground, so that he may know what he is bidding on, and he 
must also make sure what kind of material is to be excavated. 

Item No. 21. Specifies that the United States has the right to 
reject any and all bids, and also reserves the right to waive any 
informality if it so desires ; it then goes on to specify the causes 
that may invalidate the proposal. 

Item No. 22. Specifies that the bidder shall enter into the 
contract and give a bond for the sum of five thousand dollars, 
and that this bond must be furnished within ten days. This 
bond is for the faithful performance of the work according 
to contract. In case the work is not so performed, the bond is 
forfeited, or the bondsmen may arrange to complete the work. 



58 ENGINEERING AND CONTRACTING 

Item No. 23. Is a clause directing how the affidavit of sureties 
should be made. 

Item No. 24. Invites bidders to be present at the opening of 
the bids. 

Item No. 25. The first paragraph under General Conditions 
specifies that all the bidding papers must not only be attached 
to the proposal but that they become a part of the contract 
itself. 

Item No. 26. Requires the contractor to furnish the Depart- 
ment with his regular address. 

Item No. 27. Prohibits the contractor from subletting his 
work. The reason for this is that the Government wants to deal 
directly and only with the party who is doing the work. While 
the contractor very often does sublet work, the Government 
does not in any legal way recognize the subcontractor. 

Item No. 29. Makes the engineer officer in charge the sole 
arbiter as to the quality and quantity of the materials and work. 

Item No. 30. Provides for the terms of payment on the work 
as it progresses. This is usually done under monthly estimates 
made by the engineer in charge. A certain percentage of the 
work done is paid for each month, the balance being held until 
the completion of the work and the acceptance of the same, 
when the final and full payment is made. 

Item No. 31. Requires the contractor to prosecute the work 
with faithfulness and energy, and names the time for the comple- 
tion of the work as eight calendar months. That is a very fair 
length of time in this instance, but a great many Government 
contracts make the time entirely too short. 

Item No. 32. Specifies the conditions under which extensions 
of time are granted. 

Item No. 33. Requires the contractor to stand between the 
Government and any claimant to any patented article that may 
be used. 

Item No. 34. Is the first of '^Special Conditions." The items 
from No. 34 to No. 55, inclusive, are quite explicit, and tell what 
the work is that is to be done and how it is to be done. These 
paragraphs come up closely to the definition we had in the 
last chapter. 

Item No. 35. Gives the exact dimensions of the channel to 
be excavated. 



SPECIAL FORMS OF SPECIFICATIONS 69 

Item No. 36. States that the material to be excavated is be- 
lieved to be mud and sand, but that no guaranty will be given 
as to its exact character. The Government offers to give all the 
information it has, but it is usually impossible to tell without 
examination just what is the character of the material to be 
excavated. 

There is nothing which requires any special mention in the 
other paragraphs, except that I should like to call attention 
to one of the clauses, Item 51, which requires that no work shall 
be done on Sundays or national holidays, except in case of emer- 
gency, and that no work shall be done between sunset and sun- 
rise; but I never knew a case where this latter clause was not 
waived by the engineer officer. 

Specification for Dredging Olympic Harbor, Washington. 

Advertisement. 

U. S. Engineer Office, 

Room 602 Burke Building, Seattle, Wash. 

November 15, 1902. 

Sealed proposals for DREDGING OLYMPIA HARBOR, WASH., will be 
received at this office until 12 o'clock noon, December 18, 1902, and then 
publicly opened. Specifications, blank forms, and all available information 
will be furnished on application to this office. 

JOHN MILLIS, Maj. Engrs. 

SPECIFICATIONS. 

GENERAL INSTRUCTIONS FOR BIDDERS. 

1. The attention of bidders is especially invited to the acts of Congress 
approved February 26, 1885, and February 23, 1887, as printed in vol. 23, 
page 332, and vol. 24, page 414, United States Statutes at Large, which 
prohibit the importation of foreigners and aliens, under contract or agree- 
ment, to perform labor in the United States or Territories or the District 
of Columbia. 

2. Preference will be given to articles or materials of domestic production, 
conditions of quality and price being equal, including in the price of foreign 
articles the duty thereon. 

3. No proposal will be considered unless accompanied by a guaranty which 
should be in manner and form as directed in these instructions. 

4. All bids and guaranties must be made in triplicate, upon printed forms 
to be obtained at this office. 

5. The guaranty attached to each copy of the bid must be signed by an 
authorized surety company, or by two responsible guarantors, to be certified 



60 ENGINEERING AND CONTRACTING 

as good and sufficient guarantors by a Judge or clerk of a United States 
Court, United States District Attorney, United States Commissioner, or Judge 
or clerk of a State court of record, with the seal of said court attached. 

6. A firm as such will not be accepted as surety, nor a partner for a 
copartner or firm of which he is a member. Stockholders who are not 
officers of a corporation may be accepted as sureties for such corporation. 
Sureties, if individuals, must be citizens of the United States. 

7. When the principal, a guarantor, or a surety, is an individual, his sig- 
nature to a guaranty or bond shall have affixed to it an adhesive seal. Cor- 
porate seals will be affixed by corporations, whether principals or sureties. 
All signatures to proposals, guaranties, contracts, and bonds should be 
written out in full, and each signature to guaranties, contracts, and bonds 
should be attested by at least one witness, and, when practicable, by a 
separate witness to each signature. 

8. Each guarantor will justify in a sum of two thousand five hundred 
($2,500) dollars. The liability of the guarantors and bidder is determined 
by the Act of March 3, 1883, 22 Statutes, 487, Chap. 120, and is expressed in 
the guaranty attached to the bid. 

9. A proposal by a person who affixes to his signature the word "presi- 
dent," "secretary," "agent," or other designation, without disclosing his 
principal, is the proposal of the individual. That by a corporation should 
be signed with the name of the corporation, followed by the signature of 
the president, secretary or other person authorized to bind it in the mat- 
ter, who should file evidence of his authority to do so. That by a firm 
should be signed with the firm name, either by a member thereof or by its 
agent, giving the names of all members of the firm. Anyone signing the 
proposal as the agent of another or others, must file with it legal evidence 
of his authority to do so. 

10. The place of residence of every bidder, and post-office address, with 
county and state, must be given after his signature. 

11. All prices must be written as well as expressed in figures. 

12. One copy each of the advertisement, the instructions for bidders, and 
the specifications, all of which can be obtained at this office on application 
by mail or in person, must be securely attached to each copy of the proposal 
and be considered as comprising a part of it. 

13. Proposals must be prepared without assistance from any person 
employed in or belonging to the military service of the United States or 
employed under this office. 

14. No bidder will be informed, directly or indirectly, of the name of any 
person intending to bid or not to bid, or to whom information in respect to 
proposals may have been given. 

15. All blank spaces in the proposal and bond must be filled in, and no 
change shall be made in the phraseology of the proposal, or addition to 
the items mentioned therein. Any conditions, limitations, or provisos 
attached to proposals will be liable to render them informal and cause their 
rejection. 

16. Alterations by erasure or interlineation must be explained or noted 
in the proposal over the signature of the bidder. 



I 



SPECIAL FORMS OF SPECIFICATIONS 61 

17. If a bidder wishes to withdraw his proposal he may do so before the 
time fixed for the opening without prejudice to himself, by communicating 
his purpose in writing to the officer who holds it, and, when reached, it shall 
be handed to him or his authorized agent, unread. 

18. No bids received after the time set for opening of proposals will be 
considered. 

19. The proposals and guaranties must be placed in a sealed envelope 
marked "Proposals for DREDGING OLYMPIA HARBOR, to be opened 
December 18, 1902," and inclosed in another sealed envelope addressed to 
MAJOR JOHN MILLIS, Corps of Engineers, but otherwise unmarked. It 
is suggested that the inner envelope be sealed with sealing wax. 

20. It is understood and agreed that the quantities given are approxi- 
mate only, and that no claim shall be made against the United States on 
account of any excess or deficiency, absolute or relative, in the same. 
Bidders, or their authorized agents, are expected to examine the maps and 
drawings in this office, which are open to their inspection, to visit the locality 
of the work, and to make their own estimates of the facilities and difficul- 
ties attending the execution of the proposed contract, including local con- 
ditions, uncertainty of weather, and all other contingencies. 

21. The United States reserves the right to reject any and all bids, and 
to waive any informality in the bids received; also to disregard the bid of 
any failing bidder or contractor known as such to the Engineer Department ; 
or any bid which is palpably unbalanced or obviously below what the work 
can be done for; or the bid of any bidder who shall fail to produce, when 
called upon to do so, evidence satisfactory to the Engineer Officer in charge 
of the said bidder's ability to do the contemplated work within the required 
time, including his control of the necessary means and equipment. The 
failure of a bidder to 'make satisfactory progress, or to complete on time 
similar work under previous contracts with the United States, will be duly 
considered in canvassing bids, and may be a valid cause for the rejection of 
his proposal. Reasonable grounds for supposing that any bidder is inter- 
ested in more than one bid for the same item will cause the rejection of all 
bids in which he is interested. 

22. The bidder to whom award is made will be required to enter into 
written contract with the United States, with good and approved security, 
in an amount of five thousand ($5,000) dollars, within ten (10) days after 
being notified of the acceptance of his proposal. The contract which the 
bidder and guarantors promise to enter into shall be, in its general pro- 
visions, in the form adopted and in general use by the Engineer Department 
of the Army, blank forms of which can be inspected at this office, and will bo 
furnished, if desired, to parties proposing to put in bids. Parties making 
bids are to be understood as accepting the terms and conditions contained 
in such form of contract. 

23. The sureties, if individuals, are to make and subscribe affidavits of 
justification on the back of the bond to the contract, and they must justify 
in amounts which shall aggregate double the amount of the penal sum 
named in the bond. 

24. Bidders are invited to be present at tlie opening of the bids. 



62 ENGINEERING AND CONTRACTING 

GENERAL CONDITIONS. 

25. A copy of the advertisement, and of the specifications, instructions 
and conditions, will be attached to the contract and form a part of it. 

26. The contractor should, within ten days from the award of the contract, 
furnish the office with the postoffice address to which communications should 
be sent. 

27. Transfers of contracts, or of interests in contracts, are prohibited by law. 

28. The contractor will not be allowed to take advantage of any error 
or omission in these specifications as full instructions will always be given 
should such error or omission be discovered. 

29. The decision of the Engineer Officer in charge as to quality and quan- 
tity shall be final. 

30. Payments will be made monthly for material removed over those 
portions of the channel and basin where full depth has been secured and 
maintained during the month. A percentage of ten (10) per centum will 
be reserved from each payment until final completion of the work. 

31. The contractor will be required to prosecute the work with faithful- 
ness and energy, and he will be required to complete it within eight calendar 
months after the date of notification of approval of the contract by the Chief 
of Engineers, U. S. Army. 

32. Unless extraordinary and unforeseeable conditions supervene, the 
time allowed in these specifications for the completion of the contract to be 
entered into is considered sufficient for such completion by a contractor 
having the necessary plant, capital and experience. If the work is not 
completed within the period stipulated in the contract, the Engineer Officer 
in charge may, with the prior sanction of the Chief of Engineers, waive the 
time limit, and permit the contractor to finish the wprk within a reasonable 
period, to be determined by the said Engineer Officer in charge. Should 
the original time limit be thus waived, all expenses for inspection and super- 
intendence and other actual loss and damages to the United States due to 
the delay beyond the time originally set for completion shall be determined 
by the said Engineer Officer in charge, and deducted from any payments 
due or to become due to the contractor: Provided, however, that the party 
of the first part may, with the prior sanction of the Chief of Engineers, 
waive for a reasonable period the time limit originally set for completion, and 
remit the charges for expenses of superintendence and inspection for so much 
time as, in the judgment of the said Engineer Officer in charge, may actually 
have been lost on account of unusual freshets, ice, rainfall, or other abnormal 
force or violence of the elements, or by epidemics, local or State quarantine 
restrictions, or other unforeseeable cause of delay arising through no fault of 
the contractor, and which prevented him from commencing or completing the 
work or delivering the materials Mnthin the period required by the contract: 
Provided, further, that nothing in these specifications shall affect the power of 
the party of the first part to annul the contract as provided in the form of 
contract adopted and in use by the Engineer Department of the Army. 

33. The contractor will be required to hold the United States harmless 
against all claims for the use of any patented article, process, or appHance in 
connection with the contract herein contemplated. 



SPECIAL FORMS OF SPECIFICATIONS 63 

SPECIAL CONDITIONS. 

34. The dredging to be done consists in completing the excavation of a 
channel extending from deep water in Budd Inlet to the city wharves a dis- 
tance of about 8,600 feet, with a turning basin at the inner end. 

35. The channel when completed will have a bottom width of 250 feet, a 
depth of twelve feet below mean lower low water and side slopes not steeper 
than 1 horizontal to 1 vertical. The turning basin will be of the dimensions 
shown on the drawing herewith and it will have the same depth and side 
slopes as the channel. 

36. The material to be excavated is believed to be mud and sand, but no 
guaranty can be given as to its character. All available information in the 
possession of the Engineer Officer in charge concerning the work will be given 
intending bidders upon application. 

37. The quantity of material to be removed is estimated at 55,000 cubic 
yards measured in place. 

Should the amount available not be sufficient to complete the channel and 
basin as above, a narrower channel of full depth, and the basin of full depth and 
size, will be excavated. 

38. The present depths of water over the area to be dredged range from 29 
feet to 18 feet below the plane of high water. The depth of material to be 
excavated will vary from to 9 feet. The extreme range of tide is 20J feet. 

39. The limits of dredging will be given by agents of the United States, and 
dredging done outside the prescribed limits will not be paid for. No additional 
allowance or payment will be made for additional excavation or other work, 
service, or material, that may be necessary to secure a channel and basin of the 
clear dimensions specified and shown on the drawings. 

40. The contractor will be required to supply, place, and maintain, at his 
own expense, the necessary approved stakes, piles, tide gauges, lines, anchors, 
buoys, flags, etc., for marking the ranges and limits of dredging. All stakes, 
piling, dolphins, or other auxiliary structures which it may be necessary to 
place or erect in connection with the dredging work shall be removed by the 
contractor at his own expense when any such piling, etc., becomes no longer 
needed, or before the final completion of the contract, as may be required by 
the Engineer Officer in charge. 

4L The dredged material is to be deposited in deep water in Budd Inlet on 
Puget Sound where it will reach depths not less than 50 feet at extreme low 
water; or the material may be deposited on the land side of established harbor 
lines of Olympia Harbor as may be arranged between the contractor and 
owners of lands on which such deposit is made, if suitable bulkheads are pro- 
vided or other dispositions are made to insure that the material will not find 
its way to the channel or harbor side of such lines. Any arrangement for dis- 
posing of dredged material other than by deposit in deep water of Budd Inlet 
is to be subject to the approval of the Engineer Officer in charge. 

42. Snags, piles, boulders, or other obstructions that may be encountered 
in the area to be dredged shall be removed by the contractor and disposed of as 
maybe approved by the Engineer Officer in charge without extra compensation. 

43. Dredging is to begin at the outer or northern end of the channel, and 
the channel is to be excavated to full dimensions as the work progresses 



64 ENGINEERING AND CONTRACTING 

southward. If in addition the contractor desires to put other dredgers at 
work on the inner portions of the channel, this may be done. 

44. The contractor must be either present on the work while it is in prog- 
ress or be represented by a competent person having immediate charge of 
the work with full authority to receive and act upon instructions that may 
be given by the Engineer Officer in charge or his authorized representative. 

45. Government inspectors are not authorized to waive or alter in any 
respect any of the terms or requirements of the contract, to make additional 
requirements, to grant extensions or delays, or to waive forfeitures. The 
contractor shall not be entitled to payment for any improper work accepted 
or allowed by an inspector. 

46. Payment will be made by the cubic yard of the original volume 
occupied by the excavated material within the channel and basin limits 
herein specified, as determined by surveys and calculations made under 
direction of the Engineer Officer in charge. 

47. Should filling occur due to the plant or methods of the contractor during 
the progress of the work the contractor is to clear the channel and basin to full 
dimensions without extra compensation before final acceptance and payment. 

48. The acceptance, approval of, or payment for any portion of the work 
under this contract shall not release the contractor from the obligation to secure 
at the contract price the full required depth, width and side slopes in that part 
before the completion and final acceptance of the work as a whole. 

49. The w^ork must be so conducted as to interfere as little as practicable 
with present uses of the channel. The contractor shall display suitable lights 
each night between sunset and sunrise upon his vessels. 

50. The United States will not be responsible for any damage or injury to 
the contractor's employees, plant or materials, or for any damage done by or to 
them from any source or cause. 

51. No work shall be done on Sundays or on legal National holidays, except 
in case of emergency. No work shall be done between sunset and sunrise unless 
the contractor receives special written authority from the Engineer Officer in 
charge. Any work done in violation of these requirements shall not be esti- 
mated or paid for. 

52. Any doubt as to the meaning of the specifications and any obscurity in 
the wording of them will be explained by the Engineer Officer in charge, who 
shall have the right to correct any errors or omissions in them when such cor- 
rection is necessary for the proper fulfillment of their intention. 

In case his interpretation is objected to by the contractor, the latter may 
appeal to the Chief of Engineers. 

53. If the contractor has any claim to make against the United States on 
account of this contract, he shall file it with the Engineer Officer in charge 
before final payment is made, stating in detail reasons, quantities and amounts. 
Otherwise the receipt for the final payment shall state that the account is cor- 
rect and just, and in full for all work done, material furnished and services ren- 
dered under or in connection with the contract. 

54. By the Engineer Officer in charge, as used in these specifications, is 
meant the officer who signs this contract on behalf of the United States or his 
duly appointed successor. 



SPECIAL FORMS OF SPECIFICATIONS 65 

55. Should any employee of the contractor be, in the opinion of the Engi- 
neer Officer in charge, incompetent or disorderly, or evade the orders and in- 
structions given him, he shall be immediately discharged upon the request of 
the Engineer Officer in charge and not re-employed on the work. Such dis- 
charge, however, shall not form the basis of any claim for compensation or 
damages against the United States or any of its officers or agents. 

Proposal for Dredging. 

...., 1902. 

To Major John Millis, 

Corps of Engineers, U. S. Army, 

Seattle, Washington. 
Sir: 

In accordance with your advertisement of November 15, 1902, inviting 
"Proposals for DREDGING OLYMPIA HARBOR, WASH.," and subject to 
all the conditions and requirements thereof, and of your specifications for the 
same, dated November 15, 1902, copies of both of which are hereto attached, 
and, so far as they relate to this proposal, are made a part of it, we (or) I pro- 
pose to do the dredging at the rate of , ( ) 

cents per cubic yard. 



We (or) I make this proposal with a full knowledge of the kind and quan- 
tity of the work required, and, if it is accepted, will, after receiving written 
notice of such acceptance, enter into contract within the time designated in the 
specifications, with good and sufficient sureties for the faithful performance 

thereof. 

(Signature) 

(Address) 

(Signature) 

(Address) 

(Signed in Triplicate.) 

Guaranty to Accompany Proposal. 

(For a Corporation.) 

The 

of , a corporation existing under the laws of 

the State of , hereby undertake that if the bid of 

herewith accompanying, 

dated , 1902, for DREDGING OLYMPIA HAR- 
BOR, WASH., be accepted as to any or all of the services proposed to be fur- 
nished thereby, or as to any portion of the same, within sixty days from tlu^ 

date of the opening of proposals therefor, the said bidder 

will, within ten (10) days after notice of such acceptance, enter into contract 
with the proper officer of the United States to do such dredging and such ser- 
vices of those proposed to be furnished by said bid as shall be accepted, at the 



66 ENGINEERING AND CONTRACTING 

prices offered by said bid and in accordance with the terms and conditions of 
the advertisement inviting said proposals, and will give bond with good and 
sufficient surety or sureties, as may be required, for the faithful and proper 
fulfillment of such contract. And said corporation hereby binds itself and its 
successors to pay to the United States, in case the said bidder shall fail to enter 
into such contract or give such bond within ten (10) days after said notice of 
acceptance, the difference in money between the amount of the bid of said 
bidder on the services so accepted and the amount for which the proper 
officer of the United States may contract with another party to furnish said 
services, if the latter amount be in excess of the former. 

IN WITNESS WHEREOF, The name and corporate seal of said corpora- 
tion has been hereto affixed this day of 

, 1902, and these presents duly signed by its* 

, pursuant to a resolution of itsf 

passed on the day of , 

A. D , a copy of the record of which is on file in the War Department. 

Attest: 

t 

By 



(Executed in Triplicate.) 

* The president or officer authorized to sign for the corporation, 
t The board of directors or other governing body of the corporation. 
t Here affix the corporate seal. 



Guaranty to Accompany Proposal. 

(For Individuals.) 

We 

of , in the County of 

and State of , and , of 

, in the County of and State of 

, hereby undertake that if the bid of 

herewith accompanying, dated , 

1902, for DREDGING OLYMPIA HARBOR, WASH., be accepted as to any 
or all of the services proposed to be furnished thereby, or as to any portion of 
the same, within sixty days from the date of the opening of proposals therefor, 

the said bidder 

will, within ten (10) days after notice of such acceptance, enter into a con- 
tract with the proper officer of the United States to do such dredging and such 
services of those proposed to be furnished by said bid as shall be accepted, at 
the prices offered by said bid and in accordance with the terms and conditions 
of the advertisement inviting said proposals, and will give bond with good and 
sufficient sureties for the faithful and proper fulfillment of such contract. And 
we bind ourselves, our heirs, executors and administrators, jointly and sev- 
erally, to pay to the United States, in case the said bidder shall fail to enter 
into such contract or give such bond within ten (10) days after said notice of 
acceptance, the difference in money between the amount of the bid of said 
bidder on the services so accepted and the amount for which the proper 



SPECIAL FORMS OF SPECIFICATIONS 6T 

officer of the United States may contract with another party to furnish said 

services, if the latter amount be in excess of the former. 

Given under our hands and seals this day of , 

nineteen hundred and two. • 

In presence of 

as to * 

as to * 

(In Triplicate.) 
* Affix adhesive seal. 

State of ; ) 



? ss 
County of ) 

I, , one of the guarantors named 

in the foregoing guaranty, do swear that I am pecuniarily worth the sum of 

dollars, over and above all 

my debts and liabilities. 



Subscribed and sworn to before me this day of 

, 190 , at 

* 

State of > 

County of > 

I, , one of the guarantors named in 

the foregoing guaranty, do swear that I am pecuniarily worth the sum of 

dollars, over and above all 

my debts and liabilities. 

Subscribed and sworn to before me this day of , 

190 , at 



I , t do hereby certify that 

and , the guarantor above 

named, personally known to me, and that, to the best of my 

knowledge and belief, | is pecuniarily worth, over and above 

all his debts and liabilities, the sum stated in the accompanying affidavit sub- 
scribed by him. 

I, , do hereby certify that 

, the guarantor above named, is personally known to 

me, and that, to the best of my knowledge and belief, he is pecuniarily worth, 
over and above all his debts and liabilities, the sum stated in the accompanying, 
affidavit subscribed by him. 

* The oath to be taken before a United States Commissioner, a clerk of a United States 
Court, notary public or some other officer having general authority to administer oaths. 
If the officer has an official seal it must be affixed, otherwise the proper certificate as to 
his official character must be furnished. 

t This certificate to be by a judge or clerk of a United States Court, a tTnited States 
district attorney, a United States Commissioner, or a judge or clerk of a State court of 
record with the seal of said court attached. If the official can make the certificate as to 
both sureties, it will not be necessary to fill out the next form below. 

t He or each. 



68 ENGINEERING AND CONTRACTING 

Specification for Constructing Road into Mount Rainier 
National Park, Wash. 

Advertisement. 

■» . * 

U. S. Engineer Office, 

Room 602 Burke Building, Seattle, Wash. 

July 20, 1904. 

Sealed proposals for constructing road into Mount Rainier National Park will 

be received at this office until 12 M., August 3, 1904, and then publicly opened. 

Specifications, blank forms, and all available information will be furnished on 

application at this office, or to the Assistant Engineer's office, Berlin Building, 

Tacoma, Wash. 

JOHN MILLIS, Maj. Engrs. 

SPECIFICATIONS. 

GENERAL INSTRUCTIONS FOR BIDDERS. 

[Practically the same as in the advertisement for bids on the Olympia Har- 
bor dredging work. See page 59] 

SPECIAL CONDITIONS. 

34. The proposed road is to extend from the west boundary of the National 
Park Reserve to Camp of the Clouds. It will have, generally, a four per cent 
gradient between Longmire Springs and Camp of the Clouds, a distance of 
about 15 miles. From Longmire Springs down to the west boundary of the 
reserve, a distance of about 10 miles, the gradient will average less than two per 
cent. 

35. Under this contract a road will be constructed from the vicinity of Long- 
mire Springs as directed, and extending towards Camp of the Clouds as far as 
may be possible with the funds available. This amount is about $22,000.00. 

36. The work in general consists in clearing, grubbing, excavating, filling, 
ditching, draining, bridging, compacting earthwork, and such other work as 
may be necessary to construct a first-class earth road. The price bid for each 
class of work shall be full compensation for furnishing all labor, material and 
tools of every description and for doing all work herein specified, to the satis- 
faction of the Engineer Officer in charge. 

CLEARING. 

37. Roadway will be cleared as defined on the ground by stakes to be set by 
rthe Government agent. The width of clearing will generally be 30 feet on each 

side of center line of proposed road, though it may be necessary to increase this 
width along steep sidehill cuts. All rotting fallen and standing trees, stumps, 
brush and other vegetation shall be cut off at the general level of the surround- 
ing ground, except such as may, in the opinion of the Government agent, be 
desirable to leave, and shall be destroyed or removed beyond eyesight from 
the road. Proper care must be taken not to injure or mar those left standing. 
Clearing will be paid for per acre from measurements made of the area actually 
cleared. 



SPECIAL FORMS OF SPECIFICATIONS 69 

Dangerous trees, liable, in the opinion of the Government agent in charge, to 
fall across road, when outside of the area to be cleared, must be felled and 
removed from the roadway by the contractor without extra compensation. 

GRUBBING. 

38. A strip 13 feet in width on each side of the center line throughout the 
whole distance and in cuts between slope stakes shall be grubbed by removing 
the stumps, roots and decaying vegetable matter and disposing of them as in 
paragraph 37, except that grubbing may be omitted at the discretion of the 
Government agent in charge when the natural surface of the ground is more 
than two feet below sub-grade. Grubbing will be paid for per acre, the price 
to include the obliteration of all unsightly holes lying without the area to be 
graded caused by removal of stumps, etc. 

EXCAVATION. 

39. All black and mucky loam shall be removed from the area to be graded 
both in cut and fill, and be disposed of by spreading evenly in the clearing as 
directed. A small quantity of little twigs, sod and other vegetable mould will 
be permitted in embankments, except where grade passes from cut to fill. 

40. Grading in cut and fill shall be done to sub-grade, four inches below fin- 
ished grade at the center of road. Sub-grade shall be completed to required 
cross section with its surface left free from stones larger than 2 inches in diam- 
eter. Boulders and other rock appearing or known to exist must be removed 
to a depth of 9 inches below sub-grade. 

41. All embankments to be made with excavated material spread in layers 
not more than 9 inches in thickness. Each layer to be rolled if embankment 
is formed by "casting." When earth is brought to final height it must be har- 
rowed, then trimmed by means of a road machine or scraping grader, and ulti- 
mately rolled to a hard and smooth surface, the cross section of the roadway to 
be maintained during this process by addition of earth as needed. 

42. All earth taken from cuts shall be used in bringing road to sub-grade 
and in fiUing along roadway, either in widening it uniformly or in increasing its 
width at curves as directed. 

43. All cuts and fills to be left even and regular, conforming in shape to the 
alignment of the road, and in slope to that shown on cross sections. Earth 
cuts to have slopes generally not steeper than 1 on 1 ; earth fills to have slopes 
not steeper than 1 on 1^; rock cuts may have vertical face the toe to be not 
less than 13 feet distant from center of road. 

44. Side ditches shall have a uniform grade and be formed as shown on cross 
sections. 

45. Earthwork will include material of every class and nature not otherwise 
specified and will be paid for by the cubic yard measured in excavation. The 
price paid shall include the preparation of the ground for filling as in paragraph 
39; excavating, delivering and forming into embankment, shaping, trimming 
and compacting road (as in paragraphs 40, 41, 42, and 43) ; forming side ditches 
as in paragraph 44; and all other labor and expenses incidental to the handling 
of excavated material not otherwise provided for, all in conformity with the 
cross section and lines given. 



70 ENGINEERING AND CONTRACTING 

46. Rock work will include only such rock in ledges as cannot be removed 
without blasting and will be paid for by the cubic yard, measured in excava- 
tion from lines given by the Government agent after it is stripped with pick. 
The price to be paid for rock excavation shall include its removal, (a) as pro- 
vided for clearing in paragraph 37 ; (b) to toe of fill in that vicinity and piling 
solidly in retaining wall form or (c) and piling within the cleared area as the 
Government agent may direct. 

47. The removal of detached pieces of rock and boulders of every size, even 
though they may require blasting, also of all material as hard as rock, but not 
commonly called rock, shall be included in the bid for earthwork. 

RETAINING WALLS. 

48. Retaining walls of dry, uncoursed, well scabbled rubble shall be built of 
native rock in conformity with plans and sections furnished by the Govern- 
ment agent at such places as he will designate. They will be paid for in place 
by the cubic yard, computed from the measurements made of the wall as 
actually built, except that payment will not be made for greater section than 
that called for on the drawings. 

UNDER DRAINS. 

49. When required by the Government agent in charge, drain tile shall be 
placed at a depth of not less than 18 inches below the side ditch along upper 
side of road. This shall be laid carefully with close joints and uniform grade. 
It may also be required at retaining walls, in which case it will be laid through 
the wall as directed. In both cases the tiling will be paid for in place by the 
lineal foot. Trench work for tiling will be paid for by the cubic yard, measured 
from sub-grade, or from natural surface if below sub-grade, in excavation, price 
to include back filling and removal of surplus material. 

CROSS DRAINS. 

50. When required by the Government agent the upper side ditch or under 
drain, or both, shall be drained to lower side of road through sewer pipe laid on 
a uniform grade with tight cement mortar (one part Portland cement and two 
parts sand) joints, at an angle of 30 degrees with the road in the natural surface 
of the ground, the top of pipe to be not less than one foot below sub-grade. 

The inlet shall consist of a regulation sewer pipe " Y " branch, the open ends 
to be surrounded with a cluster of cobble stones through which the under drain 
and side ditch will pass, the latter being dammed with rock to direct the water 
into the cross drain and to protect the end of the " Y" branch. 

The outlet projecting through the roadway shall be protected with a similar 
cluster of stones placed in retaining wall form and backed with earth. 

Cross drains will be paid for by the lineal foot in place, measured along center 
line of pipe, price to include necessary excavation and back fill and inlet and 
outlet protection. 

CATCH WATER DITCHES. 

51. Catch water ditches, when required by the Government agent, shall be 
excavated not less than eight feet distant from slope stakes in sidehill cut. They 
will be made to an established grade; will generally have a bottom width of 18 



SPECIAL FORMS OF SPECIFICATIONS 71 

inches and slopes of 1 on 1 ; the excavated material to be banked on the lower 
side of the ditch, or may be disposed of as for earthworks, as the Government 
agent may elect. These will be paid for by the cubic yard from measurements 
in excavation, price to include disposal of earth. 

52. Should it be necessary to excavate a trench beyond the limit of slope 
stakes in order to direct drainage away from the roadway, the trench shall have 
a bottom width of 18 inches and side slopes of 1 on 1^. This will be paid for as 
catch water ditches under paragraph 51 from measurements in excavation, 
except that price bid will include earth disposal by equal distribution over 
adjacent surface instead of being banked. 

CORDUROY. 

53. Corduroy to be used at the discretion of the Government agent across 
wet and boggy places shall consist of straight saplings not more than 8 inches 
in diameter at the butt, and length 18 inches longer than the distance between 
slope stakes where used. They shall be laid close together in two horizontal 
layers at right angles to the direction of the road, with upper side not less than 
9 inches below sub-grade, with butts and tips alternating. It will be paid for 
in place by the lineal foot of completed work measured along the center of the 
road. 

CULVERTS AND BRIDGES. 

54. Culverts of sewer pipe or wood and short span bridges of wood shall be 
placed across beds of small streams and springs and at other points as directed. 
When made of sewer pipe they shall be laid same as cross drains, except that 
the angle made with road may be varied (no special grade will be required), 
and shall be covered with at least 18 inches of dirt. When made of wood they 
may be of hewed cedar spiked to stringers, in which case the upper side of wood 
work shall be placed not less than 9 inches below sub-grade, or of sawed fir and 
cedar, placed at grade as directed by and in accordance with the plans of the 
Government agent. 

If of sewer pipe they will be paid for same as cross drains; otherwise by the 
thousand feet, board measure, price to include all material of whatsoever kind, 
except drift bolts. Drift bolts will be paid for by the pound in place. The 
crossings at Van Trump Creek and Nisqually River are specifically excepted 
from the work required in this paragraph. 

SURFACING. 

55. Surfacing of volcanic ash or other material acceptable to the Govern- 
ment agent in charge shall be placed on and cover the road to a depth when 
compressed of four inches at the crown, tapering to two and one half (2\) inches 
at the side ditches, as shown on cross sections. This shall be placed in two 
layers, each layer thoroughly compacted with a roller of approved pattern, not 
less than ten tons in weight, and sprinkled during the process, if deemed neces- 
sary by the Government agent to obtain the desired hardness, adding enough 
material to bring the surface of the finished road to grade. This will be paid 
for in place by the square yard. 



72 ENGINEERING AND CONTRACTING 



CROSS SECTIONS. 

56. The cross sections shown herein are to be considered as types that may 
be modified to suit the conditions. Working cross sections will be prepared in 
advance of the work and may vary from those shown in (a) width at curves, 
(b) area of side ditches, (c) absence of under drains, (d) absence of catch water 
ditches, (e) variation in slopes. 

57. All work shall conform to the lines, grades, limits, etc., fixed by the 
Government agent, and work done outside of these lines, grades, etc., will not 
be paid for. 

58. The route will be divided into sections of convenient length, and the 
contractor may be required to give the Government agent written notice 
24 hours in advance of his intended opening of any new work or section. 

59. The contractor shall furnish at his own expense the stakes required to 
lay off the work, as well as the axmen required to set and place them. 

60. The contractor must be either present on the work while it is in progress 
or be represented by a competent person having immediate charge of the work, 
with full authority to receive and act upon instructions that may be given 
him. 

61. Government agents are not authorized to waive or alter in any respect 
any of the terms or requirements of the contract, to make additional require- 
ments, to grant extensions or delays, or to waive forfeitures. The contractor 
shall not be entitled to payment for any improper work accepted or allowed by 
an agent. 

62. Payment will be made as herein specified from measurements and cal- 
culations made under direction of the Engineer Officer in charge. 

63. Should the bridges at Van Trump Creek and Nisqually River not be in 
place when road is completed to these crossings, the contractor may suspend 
work at these points temporarily until crossing is completed, provided it is so 
completed prior to the termination of his work for the season. 

64. The United States will not be responsible for any damage or injury to 
the employers' employees, plant or materials, or for any damage done by or to 
them from any source or cause. 

65. No work shall be done on Sundays or on legal national holidays, except 
in case of emergency. Any work done in violation of this requirement shall 
not be estimated or paid for. 

66. Any doubt as to the meaning of the specifications and any obscurity in 
the wording of them will be explained by the Engineer Officer in charge, or his 
representative. The Engineer Officer in charge shall have the right to correct 
any error or omissions in them when such correction is necessary for the proper 
fulfillment of their intention. In case his interpretation is objected to by the 
contractor the latter may appeal to the Chief of Engineers. 

67. No other work than that directed or authorized by the Engineer Officer 
in charge shall be done, either upon the site of the work or in its vicinity, nor 
shall any building be erected or trees cut down or any other natural features of 
the park and reserve be changed without proper written authority. 

68. Within ten days after the completion of the work and before final pay- 
ment is made, the contractor must remove and dispose of all buildings, shacks, 
unused material and rubbish, from every portion of the park and reserve with 



SPECIAL FORMS OF SPECIFICATIONS 73 

which he has been connected under this contract, to the satisfaction of the 
Government agent. During the progress of the work the grounds are to be 
kept in a neat and workmanlike condition, and the contractor's employees are 
to be required to obey proper police and sanitary regulations. 

69. The contractor shall give notice to the Government agent when he 
intends to fire any portion of the brush, etc., on the area to be cleared, and will 
be held liable for any damage done to trees, etc., in the park and reserve by 
fires kindled by him or his employees. 

70. All timber that may be cut and all other material of value that may 
result from the work remains the property of the United States. 

QUANTITIES. 

71. For the purpose of canvassing the bids the following quantities will be 
assumed, viz.: 

Clearing Acres 32 

Grubbing Acres 14 

Earthwork ; Cubic yards 30,000 

Rockwork Cubic yards 300 

Retaining walls Cubic yards 220 

Under drains, tiling Lineal feet 200 

Trench work Cubic yards 100 

Cross Drains. 

Sewer pipe Lineal feet, 12 in 510 

Sewer pipe Lineal feet, 18 in 220 

Catch water ditches Cubic yards 2,000 

Corduroy Lineal feet 200 

Culverts and Bridges. 

Lumber Feet, B. M 100,000 

Wrought iron Pounds 100 

Surfacing Square yards 43,000 

The right is reserved to omit such of the above as may be found necessary 
or advisable to keep the expenditure within the limits of the funds avail- 
able, and surfacing will be considered first for omission. 

72. If the contractor has any claim to make against the United States 
on account of this contract, he shall file it with the Engineer Officer in charge 
before final payment is made, stating in detail reasons, quantities and 
amounts. Otherwise the receipt for the final payment shall state that the 
account is correct and just, and in full for all work done, material furnished 
and services rendered under or in connection with the contract. 

73. Should any employee of the contractor be, in the opinion of the Engi- 
neer Officer in charge, incompetent or disorderly, or evade the orders and 
instructions given him, he shall be immediately discharged upon the request 
of the Engineer Officer in charge, and not re-employed on the work. Such 
discharge, however, shall not form the basis of any claim for compensation 
or damages against the United States or any of its officers or agents. 

74. By the Engineer Officer in charge, as used in these specifications, is 
meant the officer who signs this contract on behalf of the United States, or 
his duly appointed successor. 



74 ENGINEERING AND CONTRACTING 

Proposal for Constructing Road into Mount Rainier National Park, Wash. 



To Major John Millis, , 1904. 

Corps of Engineers, U. S. Army, 

Seattle, Washington. 
Sir: 

In accordance with your advertisement of July 20, 1904, inviting pro- 
posals for constructing road into Mount Rainier National Park, Wash., and 
subject to all the conditions and requirements thereof, and of your specifi- 
cations for the same, dated July 20, 1904, copies of both of which are hereto 
attached, and, so far as they relate to this proposal, are made a part of it, we 
(or) I propose to furnish all the necessary materials, labor, machinery and 
appliances, and to do the specified work at the following prices: 

Clearing dollars and cents per acre 

Grubbing dollars and cents per acre 

Earthwork Cents per cubic yard 

Rockwork Cents per cubic yard 

Retaining walls . Cents per cubic yard 

Under Drains: 

4-inch tile Cents per lineal foot 

5-inch tile Cents per lineal foot 

6-inch tile Cents per lineal foot 

8-inch tile Cents per lineal foot 

Trench work Cents per cubic yard 

Cross Drains and Culverts: 

10-inch sewer pipe Cents per lineal foot 

12-inch sewer pipe Cents per lineal foot 

14-inch sewer pipe Cents per lineal foot 

20-inch sewer pipe Cents per Hneal foot 

24-inch sewer pipe Cents per lineal foot 

Catch water ditches Cents per cubic yard 

Corduroy Cents per lineal foot 

Culverts and Bridges: 

Hewed timber dollars and cents per 1,000 ft., B. M. 

Sawed lumber dollars and cents per 1,000 ft., B. M. 

Wrought iron Cents per pound 

Surfacing Cents per square yard 

We (or) I make this proposal with a full knowledge of the kind and quan- 
tity of the work required, and, if it is accepted, will, after receiving written 
notice of such acceptance, enter into contract within the time designated in 
the specifications, with good and sufficient sureties for the faithful perform- 
ance thereof. /a- ^ \ 

(Signature) 

(Address) 

(Signature) 

(Address) 

(Signed in Triphcate.) 

Guaranty to Accompany Proposal. 

(For a Corporation.) 
[Practically the same as in the advertisement for bids on the Olympia 
Harbor dredging work.] 



SPECIAL FORMS OF SPECIFICATIONS 75 

Specification No. 1432 for Extension of Quay Wall West of 
Dry Dock at the U. S. Navy Yard, Paget Sound, Wash. 

UNDER APPROPRIATION "NAVY YARD, PUGET SOUND, WASH.; 
QUAY WALL, EXTENSION." 

Act Approved April 27, 1904. 



GENERAL PROVISIONS. 

1. Intention. — It is the declared and acknowledged intention and mean- 
ing to provide and secure an extension to the concrete quay wall on the west 
side of the dry dock to a point beyond wharf No. 2, as shown on the accom- 
panying plans. 

2. Contract. — The contract to cover the work to be done will be based 
upon this specification and the plans to which it refers, which will be attached 
to and form a part thereof. 

3. Omissions and misdescriptions. — The omission from the contract, or 
from the plans, specification, or other papers attached thereto and forming a 
part thereof, or the misdescription of any details of work, the proper per- 
formance of which is necessary to carry out fully the intention above 
expressed, shall not operate to release the contractor from performing such 
work, but the same shall be fully and properly performed in the same man- 
ner as if fully and correctly shown, described, and required in and by the 
contract, and without expense to the United States in addition to the con- 
tract price. 

4. Discrepancies. — Should any discrepancy exist between plans and 
specification, or any parts of either, or should the language of any part of 
the contract be ambiguous or doubtful, the civil engineer or other officer or 
agent of the United States in charge of the work shall decide as to the true 
intent and meaning, subject only to appeal to the Chief of the Bureau of 
Yards and Docks. 

5. Control of work. — The United States, by its officer in charge of the 
work or other authorized representative, shall at all times have full control 
and direction of all work under the contract, and all questions, disputes, or 
differences as to any part or detail thereof shall be decided by such officer 
or representative, subject only to appeal to the Chief of the Bureau of Yards 
and Docks. 

6. Facilities. — The contractor will be allowed reasonable space at the 
site of the work and access to the same for receiving, handling, storing, and 
working material, but he shall confine both employees and material to the 
space assigned. Upon the completion of the work, and before final pay- 
ment on account of the same, the contractor shall remove all of his surplus 
material, machinery, tools, etc., from the naval station. 

7. Employees. — The contractor shall employ only competent, careful, 
orderly persons upon the work, and if, at any time, it shall appear to the 
officer in charge that any person employed upon the work is incompetent, 
careless, reckless, or disorderly, or disobeys or evades orders or instructions, 
or shirks his duty, such person shall be immediately discharged from luid 
not again employed upon the work. 



76 ENGINEERING AND CONTRACTING 

8. Time of commencement of work. — The contractor shall commence 
work immediately after the execution of the contract, and continue without 
interruption, unless otherwise directed by the United States by its officer in 
charge of the work or other authorized representative, or otherwise herein- 
after provided. 

9. Time of completion. — The entire work shall be completed in every 
respect and particular within seven calendar months from the date of the 
contract. 

10. Extension of time. — Extensions of time for the completion of the 
work may be allowed and made, in writing, by the Chief of the Bureau of 
Yards and Docks. Any and every extension of time must be specifically 
made and shall not be implied from any cause under any circumstances. 

11. Continuance of work after time. — It is mutually understood and 
agreed that in the event of the work not being completed within the time 
allowed by this contract, said work shall continue and be carried on accord- 
ing to all the provisions of said contract, plans, and specification, unless 
otherwise at any time directed by the party of the second part, in writing, 
and said contract shall be and remain in full force and effect during the con- 
tinuance and until the completion of said work, unless sooner revoked or 
annulled according to its terms: Provided, That neither an extension of the 
time beyond the date fixed for the completion of said work nor the permit- 
ting or accepting of any part of the work after said date shall be deemed to 
be a waiver by the party of the second part of its right to annul or termi- 
nate said contract for abandonment or failure to complete within the time 
specified in paragraph 9, or to impose and deduct damages as hereinafter 
provided. 

12. Damages for delay. — In case the work is not completed within the 
time specified in paragraph 9, or the time allowed by the Chief of the 
Bureau of Yards and Docks under paragraph 10 of this specification, it is 
distinctly understood and agreed that deductions at the rate of $5 per day 
shall be made from the contract price as liquidated damages, and not as 
penalty, for each and every calendar day after and exclusive of the date 
within which completion was required, up to and including the date of 
completion and acceptance of the work, said sum being specifically agreed 
upon in advance as the measure of damage to the United States by reason 
of delay in the completion of the work; and the contractor agrees and con- 
sents that the contract price, reduced by the aggregate of damages so 
deducted, shall be accepted in full satisfaction for all work done under the 
contract. 

13. Unavoidable delays. — Unavoidable delays are such as result from 
causes which are undoubtedly, or may reasonably be presumed to be, 
beyond the control of the contractor, such as acts of Providence, unusual 
storms, fires (not the result of negligence), fortuitous events, inevitable 
accidents, etc. Delays caused by acts of the United States will also be 
regarded as unavoidable delays. Should the progress of the work be, or 
seem likely to be, delayed at any time by such causes, the contractor 
shall at once notify the officer in charge, in writing, of the occurrence, in 
order that a record of the same may be made. Should it be decided that 



SPECIAL FORMS OF SPECIFICATIONS 77 

the delay was unavoidable, a corresponding extension of time for the com- 
pletion of the work may be allowed, but it is distinctly understood that 
should the contractor fail or neglect to notify the oflBcer in charge as above 
provided, such omission shall be construed as a waiver of all claim and 
right to an extension of time for the completion of the work on account of 
such delay. 

14. Avoidable delays. — Avoidable delays are such as result from causes 
which the contractor might, by care, prudence, or foresight, have guarded 
against or prevented. No extension of time will be allowed on account of 
such delays. 

15. Progress of work. — If at any time the progress of the work shall, in 
the opinion of the officer in charge, appear to have been such as to indicate 
that the work is not likely to be completed within the time allowed, he shall 
report such opinion to the Chief of the Bureau of Yards and Docks, who may, 
in his discretion, declare the contract null and void, without prejudice to 
the right of the United States to recover for defaults therein or violations 
thereof. 

16. Annulment of contract. — Should the contract for any reason be 
declared null and void, the contractor shall thereupon become indebted to 
the United States as for ascertained and liquidated damages in a sum equal 
to the aggregate of all payments made to him on account of the contract, 
and undertakes and promises to refund the same to the United States on 
demand. And the contractor shall further agree that the United States 
may hold all material delivered and work done under the contract and 
all machinery, tools, appliances, etc., upon the site of the work or used in 
connection therewith pending the completion of the work covered by the 
contract. Upon the annulment of the contract, a board of officers^ or other 
representatives of the United States, shall be appointed, which shall ascer- 
tain and determine the value of all material delivered and work done, includ- 
ing a fair and reasonable margin of profit thereon, and upon the approval 
of the findings of said board by the Chief of the Bureau of Yards and 
Docks, he may proceed to complete the work according to the contract in 
such manner and by such means as he may deem advisable, and may, in his 
discretion, use or employ any material, tools, machinery, appliances, etc., 
belonging to or furnished by the contractor for use in connection with the 
work covered by the contract. Upon the completion of the work the total 
cost of completing the same shall be ascertained and determined by a similar 
board, and its findings, when approved by the Chief of the Bureau of Yards 
and Docks, shall be final and conclusive upon all parties; and should the 
total cost thereof exceed the contract price, the difference shall be charged 
to the contractor, who undertakes and promises to pay the same upon 
demand. Should the total cost of the work be less than the contract price, 
the contractor shall be entitled to receive the amount found by the board 
above mentioned to be the value of material delivered and work done by 
the contractor, less previous payments to him: Provided, That no allow- 
ance shall be made for profit which the contractor might have made by 
completing the work, or for any excess of the contract price over the total 
cost of the work. 



78 ENGINEERING AND CONTRACTING 

17. Changes. — The United States reserves the right to make such changes 
in the contract, plans, and specification as may be deemed necessary or 
advisable by the Chief of the Bureau of Yards and Docks. Should any 
such changes affect the cost of the work by a sum greater than S300, as 
estimated by the officer in charge, the same shall be ascertained by a board 
of not less than three officers to be appointed under the direction of the 
Chief of the Bureau of Yards and Docks; and the contractor shall agree 
and consent that the contract price, increased or decreased by the sum so 
ascertained, shall, if approved by the Chief of the Bureau of Yards and 
Docks, be accepted in full satisfaction for all work done under the contract. 
For all changes estimated to cost not more than $300 the contractor shall 
in like manner accept the increased or decreased compensation as ascer- 
tained by the officer in charge of the work, and approved or revised by the 
Chief of the Bureau of Yards and Docks: Provided, That any changes 
determined upon as above shall be stipulated and agreed to, in writing, by 
the parties to the contract: And provided further, That the increased or 
decreased cost shall be the estimated actual cost to the contractor at the 
time of such estimate plus a profit of 10 per centum. 

18. Extras. — The contract price shall cover all expenses, of whatever 
nature or description, connected with the work to be done under the con- 
tract. No allowance whatever will be made for additional or extra work or 
material except under the provisions of paragraph 17 of this specification. 

19. Verbal modifications. — It is distinctly understood that no verbal 
statement of any person whomsoever shall be allowed in any manner or 
degree to modify or otherwise affect the terms of this specification or of the 
contract for the work. Changes shall be made only and strictly according 
to paragraph 17 of this specification. 

20. Patents. — The contractor shall forever protect and defend the United 
States in the full and free use and enjoyment of any and all rights to 
any invention, machine, or device which may be applied as a part of the 
work, either in its construction or use after completion, against the demands 
of all persons whomsoever. 

21. Contractor's responsibility: — The contractor shall be responsible for 
the entire work and every part thereof, and for all tools, appliances, and 
property of every description used in connection therewith. All methods 
of work, tools, and appliances shall be subject to inspection for safety and 
sufficiency, and allowance or rejection by the officer in charge: Provided, 
That the contractor shall specifically and distinctly assume all risks of damage 
or injury from any cause to property or persons used or employed on or in 
connection with the work, and of all damage or injury to any person or prop- 
erty, wherever located, resulting from any action or operation under the 
contract or in connection with the work, and undertakes and promises to 
protect and defend the United States against all claims on account of any 
such damage or injury. 

22. Contractor's supervision. — The contractor shall give his personal 
attention to the work at all times, and shall be present, either in person or by 
a duly authorized representative, on the site of the work continually during 
its progress, to receive directions or instructions from the officer in charge. 



SPECIAL FORMS OF SPECIFICATIONS 79 

SPECIAL PROVISIONS. 

9_T> 

23. Plans. — Two sheets of plans, numbered -rrr- sheets 1 and 2, and 

dated September, 1904, accompany this specification. This specification 
and the plans accompanying it shall be considered as supplementary one 
to the other, so that materials and workmanship shown, called for, or 
implied by the one and not by the other shall be supplied and worked into 
place the same as though specifically called for by both. All detail plans 
that may be furnished subsequently in further amplification, as well as all 
instructions given by the officer in charge that may be necessary to indicate 
more fully the intention of the specification and the above-mentioned plans, 
shall be followed and considered as though forming a part of the original 
contract. For all portions of the work the contractor shall submit the neces- 
sary detail plans to the officer in charge for approval, unless otherwise 
directed by him, before proceeding with the work. These details shall con- 
form to the letter and spirit of the specification, to any supplementary data 
and instructions, and to the general and detail plans already furnished to 
the contractor. Plans shall be submitted to the officer in charge in the form 
of tracings or the equivalent as regards facility for blueprinting. These 
will be returned to the contractor, either with blueprints of same stamped 
"approved," or to be revised as directed. In the latter case the necessary 
corrections shall be made and the revised drawings submitted before pro- 
ceeding with the work. Approval of plans will be of a general nature and 
will not relieve the contractor from errors or omissions that may exist 
therein. Previous to the acceptance of the work one complete set of tra- 
cings, in accordance with the actual work, of all plans required of the con- 
tractor, if any, shall be furnished to the Bureau of Yards and Docks. 

24. Checking plans and dimensions, lines and levels. — The contractor 
shall check all plans furnished him immediately upon their receipt and 
promptly notify the officer in charge of any discrepancies discovered 
therein. Figures marked on plans shall, in general, be followed in pref- 
erence to scale measurements; but the contractor must compare all plans 
and verify the figures before laying out the work, and will be held responsible 
for any errors therein that thereby might have been avoided. Large sCale 
plans shall, in general, govern small scale plans. In all cases where dimen- 
sions are governed by conditions already established the contractor must 
depend entirely upon measurements taken by himself, scale or figured dimen- 
sions to the contrary notwithstanding; but no deviation from the specified 
dimensions will be allowed unless authorized by the officer in charge. The 
contractor will be held responsible for the lines and levels of his work, and 
he must combine all materials properly. 

25. Inspection. — The contractor must afford every facility necessary for 
the safe and convenient inspection of the work throughout its construction. 
The officer in charge shall have power to reject material and workmanship 
which are not in accordance with the contract, and all such must be removed 
promptly by the contractor and replaced to the satisfaction of the officer in 
charge without extra expense to the Government. Should it be doomed 
advisable by the officer in charge to make an examination of work already com- 



80 ENGINEERING AND CONTRACTING 

pleted by removing or tearing out the same, the contractor shall furnish all 
necessary facilities, labor, and material. If the work is found to be defective 
in any respect, due to the fault of the contractor, he shall defray all expenses 
of such examination and of satisfactory reconstruction. If the work be found 
to meet the requirements of the contract the actual cost will be allowed the con- 
tractor. Provisional acceptance in the course of construction shall not pre- 
clude rejection upon the discovery of defects previous to acceptance of the 
completed work. All inspection of material and workmanship will be made, 
unless otherwise stated herein, after delivery at the site. 

26. Order, 'protection, and completion of work. — The contractor shall proceed 
with the different parts of the work as approved by the officer in charge. He 
shall protect his material and work from all deterioration and damage during 
construction, and upon completion shall, without delay, remove his plant and 
all surplus material and rubbish from the site. 

27. Schedule of prices. — Before the first payment becomes due the con- 
tractor shall submit a detailed schedule of prices for material furnished and for 
material furnished and worked into place to the officer in charge, who will check 
and forward same to the Bureau of Yards and Docks with his recommendation, 
and this schedule will govern the preparation of monthly estimates after it has 
been approved by the Bureau. 

28. Payments and reservations. — Monthly payments will be made by the 
Navy Department upon public bills, based upon monthly estimates and the' 
schedule of prices above described, certified to by the officer in charge and 
approved by the Bureau of Yards and Docks. Ten per cent of the amount of 
each monthly estimate will be withheld until the completion of the contract 
and the acceptance of the work. All reservations thus withheld will then be 
paid upon public bills certified and approved as above. 

29. Work to be done by the Government. — The Government will do all earth 
back filling behind the quay wall and will furnish all pipes, ringbolts, or other 
devices not elsewhere specified, which the contractor will be required to incor- 
porate in the wall as directed. The contractor will be required to carry on his 
work without interfering with the ordinary use of the streets or with the opera- 
tions of other contractors or delaying or hindering any work done by the Gov- 
ernment, whether upon the site or not. He shall make good any damage to 
Government property caused by his operations. It is understood and agreed 
that the Government and the contractor will, so far as possible, labor to mutual 
advantage where their several works in the above-mentioned or in unforeseen 
instances touch upon or interfere with each other. Mutual concessions under 
the direction of the officer in charge shall be made to secure this end. It is also 
further understood and agreed that from any such necessary interference, 
whether resulting in delay or additional expense or not, no claim for extra com- 
pensation shall arise, the contract price covering all contingencies of every kind, 
except for changes provided for in paragraph 17 of this specification. 

LOCATION. 

30. The quay wall shall be located as shown on the plans, extending from 
the west end of the existing quay wall in a general southwesterly direction to a 
point beyond wharf No. 2. 



SPECIAL FORMS OF SPECIFICATIONS 81 

GENERAL DESCRIPTION. 

31. The work embraced in this specification consists in furnishing all labor, 
tools, machinery, and material to build in the best and most workmanlike 
manner, a quay wall according to the general design and details of construc- 
tion, as shown on the plans accompanying this specification. This shall include 
all necessary excavation or dredging; piling driven in place; all cast iron and 
steel in place; the placing of all concrete and mortar; cleaning, washing, and 
painting; all shoring, rigging, and false work necessary for the entire comple- 
tion of the wall. 

MATERIALS AND WORKMANSHIP. 

32. Quality. — All materials and workmanship shall be of the best quality 
of their respective kinds when the grade is not specifically mentioned, and the 
acceptance of same is understood and agreed to be subject to the approval of 
the officer in charge. 

Excavation. 

33. The site for the wall shall be excavated at least to the depths shown on 
drawings, leaving a level surface in the undisturbed earth. Any additional 
excavation necessary to obtain a firm bed shall be filled up with concrete. 

Piles. 

34. Piles. — All piles shall be of first growth Douglas fir, not less than 9 
inches in diameter at the small end and 14 inches at the butt, exclusive of bark. 
They shall be sound, straight, and free from large knots or such defects as 
might impair their value in this particular foundation. All piles shall be of a 
length such that they may be driven to refusal by the blow of a 2,000-pound 
hammer falling freely 15 feet, or to its equivalent. After being cut off at the 
proper elevation, they must show solid heads, free from cracks or brooming. 
Piles shall be at least 10 feet long (below cut-off), wherever practicable to drive 
them this distance without injury to the piles. The plane of cut-off for piles 
shall in every case be one foot above the bottom* of the wall. Pile heads em- 
bedded in concrete shall have the bark removed. All piles shall be driven, 
using suitable iron rings on heads and with ends pointed as required. 

Metal. 

35. Steel. — All embedded steel may be plain, square, or round steel bars of 
net sectional area equal to that called for on the drawings, and shall be in 
accordance with the "Manufacturers' Standard Specifications" for "medium 
steel." A certified statement shall be made to the Bureau of Yards and Docks, 
by the manufacturer furnishing it, to the effect that the material conforms to 
the specification requirements. 

3G. Location. — Bars shall be distributed as shown on drawings and care- 
fully secured in place while the concrete is being tamped amund them. The 
rods in the face, top, and bottom of the wall shall be embedded 2 inches from 
the surface of the concrete. 

37. Splices. — The splices on longitudinal steel rods shall be at least 2 feet 
long for f-inch rods, and splices in adjacent rods shall not occur in the same 



82 ENGINEERING AND CONTRACTING 

cross-section of the wall. Wherever the section of the wall changes in height, 
the rods of the two sections shall overlap at least 5 feet. All steel shall be abso- 
lutely clean and free from rust, scale, or oil as it is embedded in the concrete 
and mortar. 

Portland Cement. 

38. Quality. — The cement shall be a true Portland cement of an established 
brand. It must be finely ground and free from lumps, caking, or watermarks. 

39. Kind. — Slow setting cement will be required. 

40. Packing. — Cement shall be packed in strong, well-coopered barrels, 
lined with moisture-proof or heavy manila paper, or in strong cotton-duck 
bags; each bag to contain one-fourth or one-third of the quantity specified for 
a barrel. A barrel shall have a gross weight of not less than 400 pounds and 
the net weight of the cement shall not be less than 375 pounds. 

41. Storage. — Immediately upon delivery the cement shall be stored by 
the contractor in a dry, well-covered and ventilated place, thoroughly pro- 
tected from the weather, as directed by the officer in charge. 

42. Chemical analysis. — For each lot of 500 barrels, or more, the contractor 
shall supply a certified chemical analysis from the mill of a mixed sample of the 
cement taken from any ten barrels. If the cement is supplied in bags, a chem- 
ical analysis of an amount equivalent to that specified for barrels shall be 
furnished. The cement shall not contain more than If per cent of sulphur 
trioxide (SOg). The cement shall not contain more than 3 per cent of mag- 
nesia. The cement shall not contain an excess of free lime. 

43. Physical qualities. — The cement shall have a specific gravity of not less 
than 3.05 nor more than 3.25. The color shall be a uniform bluish gray, free 
from yellow or brown particles. 

44. Samples for test. — Samples of the cement shall be taken with a suitable 
instrument from the interior of the barrels or bags. Samples shall be taken 
from at least three barrels, and in lots of from twenty to fifty barrels, from every 
fifth barrel, and in lots of more than fifty barrels from every tenth barrel, or in 
the same proportion by weight if the cement is supplied in bags. The separate 
samples for each lot shall be mixed together while dry, and the compound 
without being sifted shall be regarded as the sample for test. 

45. Fineness. — Ninety-two per cent by weight shall pass through a No. 100 
sieve having 10,000 meshes per square inch, the wires to be No. 40 Stubb's wire 
gauge, and 75 per cent by weight must pass through a No. 200 sieve having 
40,000 meshes per square inch, the wire to be No. 45 Stubb's wire gauge. 

46. Mixing neat cement. — All neat cement for test shall be mixed rapidly on 
glass with clean water of a temperature between 60° and 70° F., and in an atmos- 
phere not less than 60° F. The quantity of water used may vary from 16 to 
23 per cent of that of the cement by weight, and shall be just sufficient to form 
a stiff paste. 

47. Setting qualities. — Five circular cakes of neat cement mixed as specified 
in paragraph 46, 3 inches in diameter, one-half inch thick in the center, and one- 
eighth inch at the circumference, shall be molded on glass. They shall be made 
by rolling the cement paste into balls and flattening to the form specified, care 
being taken to thoroughly work the cement so as to prevent any cracking at 



SPECIAL FORMS OF SPECIFICATIONS 83 

the edges on account of initial stresses. One cake shall be allowed to set in air 
and one immersed in sea water. Two wires, A and B, one-twelfth and one 
twenty-fourth inch in diameter at their lower ends, and loaded with one-fourth 
pound and 1 pound, respectively, shall be used to determine the setting quali- 
ties. Cement shall be considered satisfactory if needle A makes an indenta- 
tion at the end of forty-five minutes and needle B does not make an indentation 
at the end of eight hours after having been mixed. 

48. Checking and cracking. — Three of the cakes prepared as specified in 
paragraph 47 shall be covered with wet cloths and allowed to set hard. One 
cake shall be immersed in cold water at the end of twenty-four hours and one 
kept in moist air above the freezing point. These cakes shall be examined 
from day to day for a period of twenty-eight days. If either cake warps, 
cracks at the edge, checks on the surface, or shows brown discoloration, the 
cement will be rejected. The third cake shall be allowed to set for three days 
in moist air at a temperature not below G0° F., and then be immersed for six 
hours in boiling water. If it shows any of the defects specified above, or 
becomes soft or friable, the cement will be rejected. Fine hairlike cracks on 
the surface of the cakes specified in this paragraph shall not be cause for 
rejection. 

49. Sand. — The sand used for making the mortar briquettes shall be No. 4 
standard crushed quartz of such size as to pass through a No. 20 sieve (400 
meshes to the square inch), wire to be No. 28 Stubb's wire gauge, and be caught 
on a No. 30 sieve (900 meshes to the square inch), wire to be No. 31 Stubb's 
wire gauge. 

50. Making briquettes. — The briquettes shall be of the shape adopted by 
the American Society of Civil Engineers as a standard. 

Neat briquettes: The cement shall be wet with 16 to 23 per cent of water, by 
weight (the amount being just sufficient to make a stiff paste when thoroughly 
mixed), mixing and kneading rapidly by hand, using rubber gloves for protec- 
tion. When thoroughly worked, the molds shall be filled at once, having first 
been wiped on the inside with an oily cloth. The cement shall entirely fill the 
molds and be moderately tamped and worked, so as to exclude all air bubbles, 
and be immediately smoothed off with a mason's trowel. 

Mortar briquettes: One part, by weight, of cement and three parts, by 
weight, of the sand specified in paragraph 49 shall be thoroughly mixed while 
dry and then wet with 8 to 12 per cent of water and mixed and molded as speci- 
fied for neat briquettes. 

While drying in air the briquettes shall be covered with damp cloths. After 
molding the briquettes shall be kept in air for twenty-four hours and then in 
water, at a temperature of not less than 60° F., and, if possible, not above 70° F. 

51. Tensile strength. — The briquettes, prepared as specified in paragraph 
50, must stand a tensile stress per square inch before breaking, w^hen the load 
is applied uniformly at the rate of 1,000 pounds per minute, as follows: 

Neat briquettes: Pounds. 

After twenty-four hours in air 200 

After one day in air and six days in water 450 

After one day in air and twenty-seven days in water 650 



84 ENGINEERING AND CONTRACTING 

The seven-day test shall show an increase of at least 50 per cent in strength 
over the one-day test and the twenty-eight-day test an increase of at least 5 per 
cent in strength over the seven-day test. 

Mortar briquettes: Pounds. 

After one day in air and six days in water 150 

After one day in air and twenty-seven days in water 250 

The twenty-eight-day test shall show an increase of at least 20 per cent in 
strength over the seven-day test. 

Five briquettes shall be broken for each test and the average of the three 
highest considered as the strength of the cement. 

Sand. 

52. The sand for all concrete and mortar shall be clean, sharp, coarse, and 
free from clay, loam, or foreign matter. After being shaken in water it shall 
show not over 5 per cent silt. 

Broken Stone and Gravel. 

53. All broken stone must be granite, gneiss, or trap of acceptable quality. 
Its largest dimensions shall be not more than 2 inches and its smallest not less 
than one-fourth inch. 

54. Gravel may be used in lieu of broken stone and must be clean sea- 
washed silica gravel of best quality. It must not be larger than 2 inches in any 
dimension and none of it shall pass through a screen having 36 meshes per 
square inch. 

Concrete. 

55. Proportions. — All concrete, unless otherwise specified, shall be in the 
proportion of one part Portland cement, three parts sand, and six parts broken 
stone or gravel. Except cement, all ingredients of mortar and concrete shall 
be measured by volume. Cement shall be measured by weight, 100 pounds of 
dry cement being considered as occupying 1 cubic foot of space. 

56. Mixing. — Mixing may be either by hand or by a mechanical mixer of 
a type approved by the officer in charge. If by hand, the cement and sand 
shall be mixed upon close platforms until of an even color, after which the 
water shall be added in the form of spray until the mortar is of a proper con- 
sistency. The mortar shall then at once be spread uniformly over the proper 
amount of broken stone, which has previously been wetted. The entire mass 
shall then be turned over not less than three times, until the mass is thor- 
oughly incorporated, and the ingredients uniformly distributed throughout 
the mixture. If a mechanical mixer be used, the mixing plant shall be so 
arranged as to allow of accurately measuring the quantities of the ingredients 
specified. Should machines be used which do not have proper devices for 
delivering the required proportions of the ingredients, the proper amounts of 
cement, sand, and stone required for a batch of not more than 1 yard shall be 
measured out on the platform and roughly mixed, so that when the dry mass 
is conveyed to the mixer proper amounts of each of the ingredients will be 
taken up in each operation. All concrete shall be ttiixed in the presence of an 



SPECIAL FORMS OF SPECIFICATIONS 85 

inspector, and the contractor shall give due notice to the officer in charge when 
mixing is to be proceeded with. The officer in charge may reject any concrete 
mixed when such notice has not been given, 

57. Depositing. — Before any concrete is deposited, the site shall be cleared 
from all mud, refuse, or material objectionable to the officer in charge. The 
contractor will be allowed to deposit concrete under water up to an elevation 
of 1 foot below mean low water by use of a tremie, or other method satisfactory 
to the officer in charge. Substantial forms shall be used, so built as to prevent 
currents of water flowing through them, and care shall be taken to keep the 
surface of the concrete approximately level. No concrete above an elevation 
of 1 foot below mean low water shall be deposited under water. Water shall 
be excluded from the forms until the concrete has been in place three hours. 
Concrete shall be deposited in homogeneous layers, not exceeding 9 inches in 
thickness, and shall be dumped as closely as possible to its place, using an 
inclined chute and a minimum rehandling in the forms. No concrete shall be 
used which has begun to set, nor shall it be permitted, except in continuous 
laying, to deposit concrete upon that which has been in place less than twelve 
hours. Layers shall be stopped against vertical plank forms and properly 
stepped off. Wheeling or walking over the concrete will not be allowed after 
it has begun to set. The surface of each layer which has been in place more 
than twelve hours shall be thoroughly moistened and covered with a layer of 
cement grout not less than ^ inch thick before depositing the succeeding layer 
upon it. 

58. Tamping. — The concrete shall be of such a consistency that when 
mixed as specified and deposited in place it shall form a quaking mass, and only 
a small amount of tamping shall be required to cause the water to flush to the 
surface. As soon as water flushes to the surface tamping shall be stopped. 
Steel rods shall be entirely incased in concrete securely tamped around them 
without being displaced from position or alignment. 

59. Finish. — The front and top of the wall shall be faced with a layer, 2 
inches thick, of cement mortar, one to two. This facing shall be deposited in 
place next to forms at the same time as the body concrete, so as to unite with 
the backing and form a monolithic mass. On removal of the forms the facing 
shall show a dense uniform surface free from pits, blowholes, bubbles, or other 
defects. The application of cement mortar to the face in the form of a plaster 
or wash will not be permitted. 

60. Nosing. — The exposed edge of the wall shall be finished with a cast-iron 
nosing as shown on plans. It shall be made of tough gray foundry iron and 
shall be true to pattern, free from blowholes or honeycomb. Castings shall be 
cleaned from sand and fins and then heavily coated by dipping in 300° bath of 
distilled coal tar varnish containing 5 per cent of pure boiled linseed oil. 

6L Pipes and fittings. — The contractor shall build in all water and sewer 
pipes ringbolts or other devices as directed by the officer in charge. 

Forms. 

62. All concrete shall be deposited in forms of a substantial character. 
Frames for holding forms, and the forms themselves, shall be of sufficient size 
and strength to maintain their proper position while the concrete is deposited 



86 ENGINEERING AND CONTRACTING 

and tamped. If the parts of the framework for holding the forms in position 
are tied together with wires or tie- rods the ties shall be of an approved design 
such that no ironwork is left exposed on completion of the wall. Forms shall, 
in general, be made of sound 2-inch plank surfaced one side and two edges laid 
up with close joints. Forms for front surface of wall shall be made of 2-inch 
dressed lumber tongued and grooved. 

63. Removal of forms. — After the work is completed and the concrete set 
at least fourteen days the forms may be removed, except those on the face of 
the wall below mean low water, which shall not be removed for thirty days 
except by permission of the officer in charge. Planks shall be cleaned before 
using a second time. 

PROPOSALS. 

G4. Certified check and bond. — Each proposal must be accompanied by a 
certified check, payable to the Chief of the Bureau of Yards and Docks, for 
the sum of $1,000, as a guaranty that the bidder will execute the required 
contract within ten days after its delivery to him for that purpose, and give 
a bond (preferably that of a first-class surety company) in a penal sum equal 
to 20 per cent of the contract price, conditioned upon the faithful performance 
of the contract. This bond is not required with the proposal, but a guaranty 
bond may accompany the proposal, if preferred by the bidder, in lieu of and 
of the same amount as the certified check specified above. Checks of unsuc- 
cessful bidders will be returned immediately after the contract is awarded, and 
of the successful bidder upon the execution of the contract, 

65. Form of proposals. — Proposals and all exhibits, alternate plans, 
letters of explanation, circulars, and all other papers (except the certified 
check) which it is desired to have considered in connection therewith must be 
made in duplicate. Proposals shall be made upon the prescribed blanks 
furnished bidders, as follows: 

Item 1. Price for the quay wall complete in accordance with the plans and 
specifications. 

Item 2. Amount to be added to price named under item 1 if Thacher, Ran- 
some, or corrugated bars are used throughout in place of plain bars. 

Item 3. Amount to be added to price named under item 1 for the addition 
of 50 lineal feet of the 21-foot high section of wall. 

Hem 4. Amount to be deducted from the price named under item 1 for the 
omission of 50 lineal feet of the 21-foot high section of wall. 

66. Acceptance and rejection of proposals. — The Government reserves the 
right to award the contract upon any of the above items, to accept any bid, 
to waive any defects and informalities in the proposals, and to reject any or 
all bids. 

67. Bidder's ability. — Before he is awarded the contract any bidder may 
be required to show that he has the necessary facilities, experience, and ability 
to perform the work in a satisfactory manner. 

68. Examination of site. — Intending bidders are expected to examine the 
site of the proposed quay wall and inform themselves thoroughly of the 
actual conditions and requirements before submitting proposals. 



SPECIAL FORMS OF SPECIFICATIONS 87 

69. Proprietary articles. — Where proprietary articles are mentioned herein, 
bidders may base their proposals upon similar articles of equal value and 
efficiency, but the fact that they have done so must be stated therein, and 
in all cases when not so stated such articles may be installed only with the 
approval of the officer in charge. 

70. Amount of appropriation. — The appropriation now available is 
$51,000. 

71. Information. — For any further information needed by intending bid- 
ders, application should be made to the Chief of the Bureau of Yards and 
Docks or to the Commandant of Puget Sound Navy Yard. Any discrepancies 
or omissions noted by the intending bidders in plans or specification should 
be promptly referred to the Chief of the Bureau of Yards and Docks, Navy 
Department, Washington, D. C, for correction or interpretation before the 
letting. 

Navy Department, 

Bureau of Yards and Docks, March, 1905. 



CHAPTER V. 

SPECIAL FORMS OF CONTRACTS. 

This chapter takes up the matter of contracts in a general 
way, and more particularly ''special" contracts, because no two 
'^special" contracts are alike. 

In the first place, in drawing up a special contract the defini- 
tion of a contract must be borne in mind, namely: '^A contract 
is an agreement to do, or not to do, a particular thing." The 
essential elements of a contract were taken up in Chapter II; 
these elements must be adhered to in any contract. Some 
of these points are the time and place; the parties; the subject- 
matter, which must be lawful; the agreement must be mutual, 
that is, the parties must understand the contract in the same way 
so that there may be no real grounds for disagreement, although 
the signing of the contract makes the agreement mutual. In 
ordinary bridge and building work there are, as we have learned, 
regular contracts with blank spaces that have only to be filled 
out; but in making special engineering contracts there are so 
many important minor details to be covered that only very gen- 
eral blanks could be used, so it is best to write out the entire 
document. 

The drawing up of a special engineering contract should never 
be turned over entirely to an attorney. Lawyers very seldom 
know more than the most general principles of engineering and 
cannot always draw up such a contract correctly. In drawing a 
special engineering contract, it should first be written out in full, 
and then submitted to an attorney for his consideration of the 
legal points involved. 

In special engineering contracts a great deal of attention must 
be paid to the minor details, much more so than in an ordinary 
contract. Some of these points are the names and date; then 
under ''Witnesseth," what the work is to be; the amount and 
times of payment; the date of completion, etc. 

One contract which was drawn up some time ago, covering engi- 
neering work, and then later on construction work, was drawn 

88 



SPECIAL FORMS OF CONTRACTS 89 

up in paragraphs for the purpose of clearness. It is very con- 
venient to draw the contract up in numbered paragraphs, for 
then if it is necessary to refer to anything in a previous para- 
graph it is possible to mention the number of the paragraph and 
refer to it more clearly. 

In drawing up a contract, the different subjects that go to 
make up the paragraphs should first be set down, and then each 
item should be written up. 

Another contract recently written was for some heavy con- 
struction work. The first paragraph states the work that is 
to be done and the amount and date of the first payment. 
Three or four other paragraphs, also, have clauses dealing 
with the payments. The second paragraph deals with the 
detailed working plans and the amount of payment for that 
portion of the work. The third paragraph gives the details of 
the construction work and the method of payment for it. 

Engineers have no regular scale of charges such as architects 
have for paying for completion of plans ; but do not undercharge. 
People are willing to pay what the work is worth, and they will 
not have the respect for a man who undercharges for his work 
that they have for the man who asks what the work is worth. 
It is a very good plan to try to adhere to the architect's scale of 
charges, namely: 1.5 per cent for preliminary plans, 2.5 per cent 
for detailed plans and specifications, and 5 per cent when super- 
intendence is included. 

The fourth paragraph of this agreement takes up the construc- 
tion work, after the detailed plans have been made; also the 
amount and method of payment. The method of payment is 
taken up more in detail in the fifth paragraph, which is on 
monthly estimate, according to the amount of work done. 

In railroad or big corporation work, the railroad or corpora- 
tion engineer makes up the monthly estimates; but in doing 
work for private parties a detailed list of the work done and 
the amount due for the preceding month, for each part, should 
be made and handed in before the tenth of each month, so it can 
be checked up and verified before payment is due on the fifteenth. 

The sixth paragraph specifies the method of financing the 
work. Whether it is to be done by means of selling stock or 
bonds, or by whatever means the work is to be financed, it nuist 
be taken up in the contract. 



90 ENGINEERING AND CONTRACTING 

The engineer who will make the biggest success of his work 
is the one who knows most about the general business conditions 
of the country and who can finance work. In the great North- 
west there is a great deal of work under contemplation that needs 
only capital to make it go through. 

The eighth paragraph deals with the time of the completion 
of the work. After that there is a provision for extension of 
time on account of delays caused by strikes, slowness of com- 
panies from whom machinery is ordered, and various other things. 
Such a clause as this should always be inserted for the con- 
tractor's own protection against unavoidable delays. 

The ninth paragraph specifies the time in which the various 
parts of the work to be done precedent to the construction work 
shall be completed. The tenth paragraph provides that the 
company shall furnish surveyors, engineers, and superintend- 
ents to look after the work. There should always be a com- 
pany engineer on the ground to look after the work, and 
this should always be specified in the contract. The other 
paragraphs have to do with possible modifications in the plans 
and the compensation for any extra work that may have to 
be done. 

An understanding of special contracts can be gained only by 
actual practical experience. No two contracts are just alike, and 
no two pieces of work require the same treatment. 

The insurance business is carried on very largely for the 
profit that can be gotten out of it in various ways. But contract- 
ing companies cannot get along without insurance. An Em- 
ployer's Liability policy should always be carried, so that if any 
of the employees are hurt in any way the insurance company 
will have to defend the suit instead of the contractor having to 
do it himself. When a man is hurt, an unscrupulous doctor will 
call in some ''shyster" lawyer, and together they will patch up a 
case; and ''work" the company for which the man was working 
for several thousand dollars and make a big rake-off. This is a 
very common case of blackmail against contracting companies. 
But if a case like this is turned over to an insurance compan3^ 
they put experienced men on the case, and usually get off by 
paying only two or three hundred dollars. Insurance should also 
be carried to protect the company against injury to an outsider. 
Spectators are in great danger of being injured about some kinds 



SPECIAL FORMS OF CONTRACTS 91 

of work, and there are also insurance companies that take 
care of liabiUties incurred in this way. 

Some contracting companies are incorporated in one state and 
work in some other one, and then any damage suit brought 
against the company is fought out in the United States Court, 
which cannot be bribed or bulldozed. 

Railroads and large firms do not always carry fire insurance 
when their property is scattered over a great deal of territory, 
and there is small danger of very serious conflagrations in several 
places at the same time, and no vital risk, such as there would be 
in a large plant or factory. But small companies should always 
insure against fire if they have much combustible property. It 
would cost a railroad company more to pay premiums on their 
property than they would get back in a year on fire losses. 

Engineers should be posted on deeds, leases, and also corpora- 
tions. The large jobs of to-day are almost entirely handled by 
corporations. A corporation is practically an individual, and the 
liability of stockholders of corporations is limited. If a company 
is incorporated for $1,000,000 in Nevada, but the stockholders 
only subscribe $100,000 of it, they can be held liable for only 
the $100,000. 

Synopsis of Nevada Corporation Law. 

There is no franchise tax in Nevada, wherein it differs from the laws of 
New Jersey, Delaware, and West Virginia. 

The annual franchise tax on a capitalization of $1,000,000 in 

West Virginia is $ 410.00 

Delaware is 500.00 

New Jersey is 1000.00 

Nevada is Nothing 

Under the Constitution and under the Corporation Law in Nevada there 
is no personal liability for corporate debts. 

Annual meetings and business meetings may be held outside of the State, 
and one or more offices maintained outside of the State, if an office and 
resident agent is maintained within the State. 

The State Agent and Transfer Syndicate (Incorporated) is chartered and 
authorized to act as such agent. 

Corporate purposes are unlimited and may include as many branches of 
business as the incorporators may set forth in their articles of incorporation. 

The right to consolidate incorporations, or to merge their interests, is per- 
mitted, the fee being simply on the amount of gross capital above that of the 
combined corporations. 



92 ENGINEERING AND CONTRACTING 

The capital stock may be made absolutely non-assessable, or may be 
made assessable up to the par value of the stock, as may be required by 
the necessities of the corporation. 

Nevada corporations can sue or remove causes to the Federal Courts, 
which privilege is denied corporations formed in Arizona or any other Terri- 
tory. 

By-Laws and Articles may be amended as occasion requires. 

The duration of corporations is not limited. 

The fees required by the State Agent and Transfer Syndicate, Inc., for 
maintaining an office and acting as resident agent for transferring, register- 
ing, and countersigning certificates of stock, bonds, etc., for acting as 
trustee, etc., and for receiving and managing any sinking funds, etc., are 
as follows: 

For corporations whose capitalization is 

$1,000,000 or over $100 per annum 

500,000 or over 50 per annum 

All others 25 per annum 

This includes all expenses except fees required by County and State laws 
to wit: 

Fees — Secretary of State, 10 cents for each $1,000 of capital stock; but 
in no case less than $10.00. [See Gen. Corp. Law, Sec. 102.] 

Fees for County Clerk: 

Fihng $ .25 

Recording per folio 30 

Certificate of copy 1.00 

The following form for Articles of Incorporation strictly follows the Gen- 
eral Corporation Law of Nevada. 

Articles of Incorporation 

OF THE 

1RnOW BU ^en b^ ^bese presents: That we, the undersigned, have 
this day voluntarily associated ourselves together for the purpose of forming 
a corporation, under and by virtue of the General Corporation Law of the 
State of Nevada; 

And We Hereby Certify: 1st. That the name of said corporation is 
and shall be 

[The name of the corporation must end either with the word "incorpo- 
rated" or one of the following words, used as a substantive or noun, "Asso- 
ciation," "Company," "Corporation," "Club," "Society," or "Syndicate."] 

2d. That the place where its principal office is located is on Carson street, 
at Carson City, County of Ormsby, State of Nevada, and the resident therein 
and in charge thereof is the State Agent and Transfer Syndicate, Incorpo- 
rated, but an office may be maintained at No street, in the 

City of , County of , State of , or at 

such other place or places as may be named by its Board of Directors, or as 
may be fixed by the by-laws of said corporation. 



SPECIAL FORMS OF CONTRACTS 93 

3d. That the objects and purposes for which this corporation is formed 
are [Here state all the objects of the cor- 
poration.] 

4th. That the amount of the capital stock of said corporation shall be 

$ , divided into shares of the par 

value of $ each. 

[If there be different kinds of stock, the kinds and amounts of each must 
be stated. See Gen. Corp. Law, Sec. 4, Subdivision 4.] 

5th. The name of each of the original subscribers to the capital stock, 
and the amount subscribed by each, are as follows: 

Name. No. of Shares. Amount. 



6th. That the period of the existence of said corporation shall be 
unlimited. 

7th. That the affairs and business of said corporation shall be managed 
by a governing board, consisting of (not less than three) members, who 
shall be styled "Directors." 

8th. That the capital stock of the corporation, when fully paid in, shall 
be subject to assessment. 

[If it be desired that the stock be non-assessable insert the word "not." 
The Certificate of Articles of Incorporation may also contain any provision 
which the incorporators may choose to insert for the regulation of the 
business and for the conduct of the affairs of the corporation, and any pro- 
visions creating, defining, limiting, and regulating the powers of the cor- 
poration and the rights, powers, and duties of the directors, the stockholders 
or any classes of the stockholders, or holders of the bonds or other obliga- 
tion of the corporation, or providing for the governing of the distribution or 
division of the profits of the said corporation, Provided such provisions are 
not contrary to the laws of this State.] 



The form of acknowledgment required by the Laws of the State of 
Nevada should be used in all cases and is as follows: 

State of ) 

County of > " 

On this day of in the year one thousand nine 

hundried and , before me, , Notary Public in and 

for said county, personally appeared , known to me to be the 

person. . . .described in, whose name subscribed to and who 

executed the within instrument, and who acknowledged to me that .... he ... . 
executed the same freely and voluntarily, and for the uses and purposes 
therein mentioned. 

In Witness Whereof, I have hereunto set my hand and affixed my 

official seal, at my office, in the County of , the day and year 

in this certificate first above written. 



Notary Public in and for County, 



CHAPTER VI. 

INSPECTION OF ENGINEERING WORK. 

The inspection of engineering work is a field in which many 
young engineers are engaged, at least temporarily; it is ordinarily 
a stepping stone to some other position in engineering work. 

While the matter of inspection has been mentioned before, 
and will be mentioned incidentally at other times, it is of enough 
importance to warrant taking time to discuss it somewhat at 
length. 

The ordinary inspector is one who has for a basis of his 
knowledge practical experience and very little else, so that, as 
a rule, inspectors are not highly paid men nor men who have any 
further interest in their work besides simply earning wages, or 
getting all the money that there is in it. It would be much better 
if all of the inspectors on engineering work were educated engi- 
neers, so that the different questions arising would be approached 
understandingly; in fact, it is almost certain that the time will 
come when engineers and all connected with engineering work 
will be licensed and regulated by law, as is the case with lawyers 
and doctors. 

Engineers who have just graduated are in some respects 
peculiarly fitted for performing the duties of an inspector, and 
on the other hand they are in many respects woefully lacking. 
Their studies form a splendid basis on which to build up a practical 
knowledge of the carrying out of work, but in the beginning, of 
course, they are largely dependent upon making conclusions from 
observations at the time, and more particularly upon the advice 
of the engineer in charge of the work, who also has charge of 
the inspectors. The young engineer should not assume in 
beginning work of this kind that his college work has taught 
him enough to warrant his making decisions offhand without 
careful consideration and careful study. 

While it is ordinarily considered that the engineer is the 
arbitrator as between the contractor and the owners, in reality 
the inspector comes more nearly filling this position than does the 

94 



INSPECTION OF ENGINEERING WORK 95 

engineer himself, as upon the integrity of his reports as to the 
execution and progress of the work depends the opinion which 
the engineer will form and on which he will act in dealing with 
the contractor. 

As a logical starting out work, it would certainly be very 
much better for the young engineer to start in contracting work, 
or at least to engage in it in some capacity or other very early 
in practice, so as to get the point of view of the contractor firmly 
fixed in mind and be better able to do justice from the knowledge 
of both sides of the case. 

In a recent article on Specifications it has been stated that 
an engineer should never write a specification under which he 
would be unwilling to do work as contractor or to sign up a 
contract to do the work. Unfortunately, a very large number, 
one might almost safely say a majority, of specifications are 
written so that the engineer would himself be afraid to take the 
contract under it were his own capital hazarded. An inspector 
looking after work that is being carried out under such specifica- 
tion would be placed in a very delicate position, as it would be 
possible very often to break up a contractor entirely by insisting 
on the *' pound of flesh" in every case, instead of allowing his best 
judgment to interpret, or, as Cooper states on the cover of his 
Specification: "To interpret them upon the broad grounds of 
professional intelligence and common sense." 

A specification should never be written by an engineer where 
he is so lacking in knowledge of a subject as to have to add a 
clause stating that in any event the work and material shall be 
of the very best of their respective kinds, or that the work must 
finally be done to the satisfaction of the engineer, no matter what 
has been specified previously. 

In illustration of the points already mentioned, it will be as 
well to take up the inspection of different classes of work and 
go over the steps in the inspection of the material and workman- 
ship. 

The first stage in the inspection of a steel bridge is the check- 
ing up of the working drawings, assuming, of course, that the 
strain sheet has been checked over by the engineer prior to the 
placing of the contract. These working drawings must be run 
over in detail to make sure that all dimensions are correct and 
all sizes of material have been correctly stated, and that all de- 



96 ENGINEERING AND CONTRACTING 

tails and field connections are properly drawn out. It certainly, 
however, is no part of the inspector's duties, and he would cer- 
tainly be exceeding his authority, to demand a change in the 
type of details, provided they agree with the specification and 
are sufficiently strong ; yet I have known of cases where inspec- 
tors have required. practically all the details on the bridge to be 
changed after drawings were completed, in order to simply satisfy 
hobbies of their own. 

After these drawings are approved, the bridge company fur- 
nishes the inspectors with copies of the orders for material from 
the mills; each heat or piece as it comes from the rolls is sampled 
and tests made both of the chemical composition and of the 
physical properties. Provided these are up to or exceed the 
specifications, the material should be accepted and shipped to 
the manufacturing shops. 

To follow through material at one of the big rolling mills, 
where there is a certain size of material rolled each day, often re- 
quires weeks or months of diligent attention upon the part of the 
mill inspector, so that very seldom, except on very large jobs, are 
special inspectors employed for any particular piece of work, but 
the work is placed in the hands of a firm, who will have an 
inspector at the mill in question looking after a large number 
of orders for material being gotten out for various shops or 
structures. 

This chemical and physical inspection of material is one which 
is almost entirely in the hands of engineers, and will doubtless 
remain so on account of the purely scientific nature of the work. 

When the material arrives at the bridge shop, it is first care- 
fully straightened by passing the plates through straightening 
rolls, and the bars and shapes through a straightening machine 
of some type or other. The inspector must see that this is care- 
fully done, for upon this depends the proper distribution of the 
stresses in the various portions of a built-up member. Next the 
wooden templets are clamped on the iron and center punch marks 
made where each hole is to be punched in the material. The in- 
spector must see that the punches and dies are of the proper 
size and design, so that ragged and cracked holes will not result. 
After this, the various separate pieces are bolted together to 
form built-up members. The inspector must watch to see that 
they are properly put together, so as not to make a mistake in 



INSPECTION OF ENGINEERING WORK 97 

right and left hand members, or in some other detail. After the 
member has been assembled, then any unfair or imperfectly 
matched holes, where two or more pieces are to be riveted 
together, must be reamed out so as to leave a true hole for 
entering a hot rivet. Most first-class shops run a reamer in 
every hole, so as to true it up, finding that it pays by reducing the 
cost at the riveting machine. With perfectly true holes, several 
thousand rivets a day may be driven by a modern riveting 
machine, and if the holes are true, the rivets properly heated, 
and the air pressure kept up to 90 or 100 per square inch, there 
will be little probability of loose rivets. However, after the 
riveting is all done, each rivet should be tapped with a hammer 
to find out whether it is loose or not. An inspector can easily 
go to extremes in this, as in one case that is called to mind, 
where the inspector abandoned the small hammer and took a large 
sledge, so as to pound the rivets and loosen them if it was pos- 
sible in any way. There is no use in being so particular about 
riveting, as the large factor of safety always used and the uncal- 
culated friction of the rivet heads would prevent any trouble from 
an occasional rivet that might be pounded loose with a sledge. 

After this, the members are planed ofT in rotary planers, the 
pin holes bored at the drill presses and then sent out into the 
yards for painting. 

Everything should be carefully inspected by the inspector be- 
fore painting is done, as the application of paint often covers up 
a multitude of sins. 

When the member has been thoroughly inspected, including 
careful checking of finished dimensions, it is then ready for load- 
ing on the cars to be shipped out to the bridge site. 

The work of an inspector on bridge erection is, if any different, 
somewhat more difficult than the shop inspector's duties. As 
the bridge is put together, it is necessary to watch carefully to 
see that everything is properly packed on the pins, and as field 
riveting and painting progresses, see that this is properly done. 

Sometimes a test train is prescribed, and in this case the 
inspector, or perhaps the engineer and inspector, must take de- 
flection readings with an engineer's level to determine whether 
or not the bridge has too much deflection under the loading. 

Theabove inspection is of a kind that can be quickly learned by 
the young engineer, as it is almost wholly scientific or academic. 



98 ENGINEERING AND CONTRACTING 

The inspection of foundations, however, is work which calls 
for a larger measure of practical experience, and in which 
judgment should have a larger play than purely theoretical con- 
siderations. 

The first thing on the foundation is to make a thorough in- 
spection of the site, which can very often be done by the study 
of the geological formation of the country, supplemented by dig- 
ging some test pits. But for foundations in a river it will be 
necessary to make some test borings and get samples of the ma- 
terial through which the drill passes, so as to note exactly the 
character of the strata on which the foundation will rest, into 
which it will be sunk, or into which piling will be driven to sup- 
port the foundation. 

It is easier to make a mistake on the character of the bottom 
to carry foundation than on almost any other class of work, for 
without considerable experience the drill may tell a false story. 
On the great Red Rock cantilever bridge, at the Needles, in Cali- 
fornia, an experienced engineer made the borings and thought he 
had discovered solid rock at no great depth; but when one of the 
pneumatic caissons was sunk down to the hard bottom it was 
found to be nothing but a large bed of boulders, so that the light 
pneumatic caisson already constructed had to be removed and a 
heavier one constructed to go down through the boulder bed to 
proper foundation. 

When the pier is to be founded on a pneumatic or dredged 
caisson, the material entering into its construction must be care- 
fully inspected; good, sound timber, that will come up to at 
least ordinary specifications, must be used. If any great amount 
of metal is to be utilized, or a caisson is to be constructed 
entirely of metal, then the metal must be given the same inspec- 
tion as has been spoken of for steel bridges. When the founda- 
tion is to be started with piling, the piling must be first class, 
live timber, of proper size, and practically straight. A very 
large number of specifications written specify the taper on piling ; 
that is, a size for the small and large ends which do not agree 
at all with the timber to be used; therefore it is impossible in 
such a case to comply with the requirements. In such a case 
as this the inspector would certainly either have to override 
the specifications or take the matter up with his superior to 
have it modified. 



INSPECTION OF ENGINEERING WORK 99 

In some specifications on recent work the piling was simply 
specified as ''first class piling''; but when it was delivered and 
inspected a large amount of it was rejected because it was second 
growth. It is the writer's opinion that this was a mere techni- 
cality, as the samples, by the parties, from first-growth piles and 
second-growth piles, showed no greater range in density than 
can be found in several samples of first-growth timber. In fact, 
the foreman on the work, to test the case, cut one pile in two, 
and the small end was accepted as first-growth piling, and the 
large end, which had been carefully marked, was later rejected 
because it was second growth. Thus it would be well to beware 
of ''straining at gnats and swallowing camels," as almost nine 
out of every ten inspectors do. 

The inspection of cement used in concrete work should be 
carried out carefully by taking a sample from one barrel in every 
ten, and have the testing carried out in accordance with the 
specification under which the work is being constructed, or 
under such specification as may be agreed upon by the parties, 
when making the contract, to govern the case. It is not neces- 
sary to go into details on this. 

The selection of the proper kind of broken stone is one which 
requires considerable judgment; but the stone should always be 
some of the hard kinds of trap or granitic rocks, as all of the 
sandstones and most of the limestones are too soft and friable for 
such use, although limestone, such as "blue limestone," or any 
approaching marble in hardness, would make first-class concrete. 

The matter of inspecting sand is one which can be easily car- 
ried out on the ground by seeing that the sand is reasonably 
clean and of good-sized sharp grains. A very fine powdery sand 
does not make a good concrete, although a good, sharp sand with 
a small proportion of earthy matter or clay would be all right. 
The writer believes, however, that the safest way is to get as 
nearly a clean-sharp sand as is possible. The amount of earthy 
matter in sand can readily be tested by taking say half a 
glassful in a straight -sided glass, and fill up the glass with water, 
shake it up thoroughly, and allow it to settle. In this way you 
can measure very closely in fractions of an inch the percentage 
of mud or earthy matter which settles out of it. 

As regards the method of mixing concrete the writer is 
satisfied that the modern mechanical mixers give the most 



100 ENGINEERING AND CONTRACTING 

satisfactory results. Hand work should never be used unless a 
mechanical mixer cannot be obtained. In case of hand mix- 
ing, the mixing gang must be carefully trained to properly turn 
over the ingredients so that they will be thoroughly mixed. 
A Smith conical mixer gives first-class results, but the new Ran- 
som does really as well and has many points of operation in its 
favor. It is possible to load it and discharge the concrete with- 
out stopping the mixer and a wheelbarrowful can be discharged 
from it and then the flow shut off without any trouble whatever. 

It will doubtless be found upon careful reading of the author- 
ities that almost every one at the present day prefers what is 
known as wet concrete to that formerly used and known as dry 
concrete. The dry concrete is only wet enough to tamp in 
place, whereas the wet concrete is made wet enough to settle to 
position and become a solid mass of its own weight, without 
tamping. 

The inspection of the stone used in piers must be based al- 
most entirely upon judgment, supplemented to a certain extent 
by the various tests which are ordinarily prescribed to be made, 
or which are set forth in the specifications covering any par- 
ticular piece of work. 

If getting up a specification do not specify '^ first-class stone" 
when granite is meant. If granite is meant say so. If specifying 
'^granite," do not refer to its natural bed, as this is a clause 
which would refer only to sedimentary or stratifying rocks. 

A recent specification called for the '^best selected local 
stone," and specified that it must be free from rot. As granite 
does not rot, this was additional proof that granite was not 
required. 

The inspector is referred to the ''Inspector's Pocket Book" 
by Austin T. Byrne. While quite insufficient to be called a 
treatise, it is about the best thing that is published on the subject. 
By supplementing it with notebooks of his own the inspector will 
soon have a large enough amount of data together to give him 
what he will want to refer to in any particular case for inspection 
or when drawing up specifications. 

Let me close by advising the beginner not to consider it one of 
the duties of an inspector to find fault and make trouble for the 
contractor, but to get first-class work, as required by the speci- 
fications and as interpreted by common sense. 



INSPECTION OF ENGINEERING WORK 101 

Standard Specifications for Cement. 

AMERICAN SOCIETY FOR TESTING MATERIALS. 
General Observations. 

1. These remarks have been prepared with a view of pointing out the 
pertinent features of the various requirements and the precautions to be 
observed in the interpretation of the results of the tests. 

2. The Committee would suggest that the acceptance or rejection under 
these specifications be based on tests made by an experienced person having 
the proper means for making the tests. 

Specific Gravity. 

3. Specific gravity is useful in detecting adulteration. The results of 
tests of specific gravity are not necessarily conclusive as an indication of 
the quality of a cement, but when in combination with the results of other 
tests may afford valuable indications. 

Fineness. 

4. The sieves should be kept thoroughly dry. 

Time of Setting. 

5. Great care should be exercised to maintain the test pieces under as 
uniform conditions as possible. A sudden change or wide range of temper- 
ature in the room in which the tests are made, a very dry or humid atmos- 
phere, and other irregularities vitally affect the rate of setting. 

Tensile Strength. 

6. Each consumer must fix the minimum requirements for tensile strength 
to suit his own conditions. They shall, however, be within the limits stated. 

Constancy of Volume. 

7. The tests for constancy of volume are divided into two classes, the 
first normal, the second accelerated. The latter should be regarded as a 
precautionary test only, and not infallible. So many conditions enter into 
the making and interpreting of it that it should be used with extreme care. 

8. In making the pats the greatest care should be exercised to avoid 
initial strains due to molding or to too rapid drying-out during the first 
twenty-four hours. The pats should be preserved under the most uniform 
conditions possible, and rapid changes of temperature should be avoided. 

9. The failure to meet the requirements of the accelerated tests need not 
be sufficient cause for rejection. The cement may, however, bo held for 
twenty-eight days, and a retest made at the end of that period, using a new 
sample. Failure to meet the requirements at this time should be con- 
sidered sufficient cause for rejection, although in the present state of our 
knowledge it cannot be said that such failure necessarily indicates unsound- 
ness, nor can the cement be considered entirely satisfactory simply because it 
passes the tests. 



102 ENGINEERING AND CONTRACTING 

SPECIFICATIONS. 

General Conditions. 

10. All cement shall be inspected. 

11. Cement may be inspected either at the place of manufacture or on 
the work. 

12. In order to allow ample time for inspecting and testing, the cement 
should be stored in a suitable weather-tight building having the floor prop- 
erly blocked or raised from the ground. 

13. The cement shall be stored in such a manner as to permit easy access 
for proper inspection and identification of each shipment. 

14. Every facility shall be provided by the Contractor and a period of at 
least twelve days allowed for the inspection and necessary tests. 

15. Cement shall be delivered in suitable packages with the brand and 
name of manufacturer plainly marked thereon. 

16. A bag of cement shall contain 94 pounds of cement net. Each barrel 
of Portland cement shall contain 4 bags, and each barrel of natural cement 
shall contain 3 bags of the above net weight. 

17. Cement failing to meet the seven-day requirements may be held 
awaiting the results of the twenty-eight-day tests before rejection. 

18. All tests shall be made in accordance with the methods proposed by 
the Committee on Uniform Tests of Cement of the American Society of Civil 
Engineers, presented to the Society January 21, 1903, amended January 20, 
1904, and January 15, 1908, with all subsequent amendments thereto. 

19. The acceptance or rejection shall be based on the following require- 
ments : 

Natural Cement. 

20. Definition. This term shall be applied to the finely pulverized 
product resulting from the calcination of an argillaceous limestone at a tem- 
perature only sufficient to drive off the carbonic acid gas. 

Fineness. 

21. It shall leave by weight a residue of not more than 10 per cent 
on the No. 100, and 30 per cent on the No. 200 sieve. 

Time of Setting. 

22. It shall not develop initial set in less than 10 minutes, and shall not 
develop hard set in less than 30 minutes, or in more than 3 hours. 

Tensile Strength. 

23. The minimum requirements for tensile strength for briquettes one 

inch square in cross section shall be within the following limits, and shall 

show no retrogression in strength within the periods specified: * 

* For example, the minimum requirement for the twenty-four-hour neat cement test 
should be some specified value within the limits of 50 and 100 pounds, and so on for each 
period stated. 



INSPECTION OF ENGINEERING WORK 103 

Age. Neat Cement. Strength. 

24 hours in moist air 50-100 lbs. 

7 days (1 day in moist air, 6 days in water) •. . . . 100-200 lbs. 

28 days (1 day in moist air, 27 days in water) 200-300 lbs. 

One Part Cement, Three Parts Standard Sand. 

7 days (1 day in moist air, 6 days in water) 25- 75 lbs. 

28 days (1 day in moist air, 27 days in water) 75-150 lbs. 

Note. — If the minimum strength is not specified, the mean of the above 
values shall be taken as the minimum strength required. 

Constancy of Volume. 

24. Pats of neat cement about three inches in diameter, one-half inch 
thick at center, tapering to a thin edge, shall be kept in moist air for a 
period of twenty-four hours. 

(a) A pat is then kept in air at normal temperature. 

(6) Another is kept in water maintained as near 70° F. as practicable. 

25. These pats are observed at intervals for at least 28 days, and, to 
satisfactorily pass the tests, should remain firm and hard and show no signs 
of distortion, checking, cracking, or disintegrating. 

Portland Cement. 

26. Definition. This term is applied to the finely pulverized product 
resulting from the calcination to incipient fusion of an intimate mixture of 
properly proportioned argillaceous and calcareous materials, and to which 
no addition greater than 3 per cent has been made subsequent to calcination. 

Specific Gravity. 

27. The specific gravity of the cement ignited at a low red heat shall not 
be less than 3.10, and the cement should not show a loss on ignition of more 
than 4 per cent. 

Fineness. 

28. It shall leave by weight a residue of not more than 8 per cent on the 
No. 100 and not more than 25 per cent on the No. 200 sieve. 

Time of Setting. 

29. It shall not develop initial set in less than 30 minutes, and must 
develop hard set in not less than one hour, nor more than ten hours. 

Tensile Strength. 

30. The minimum requirements for tensile strength for briquettes one 
inch square in section shall be within the following limits, and shall show no 
retrogression in strength within the periods specified:* 

* For examplj, the minimum requirement for the twenty-four-hour neat cement test 
should be some specified value withiu the limits of 150 and 200 pounds, and so on for each 
period stated. 



104 ENGINEERING AND CONTRACTING 

Age. Neat Cement Strength. 

24 hours in moist air 150-200 lbs. 

7 days (1 day in moist air, 6 days in water) 450-550 lbs. 

28 days (1 day in moist air, 27 days in water) 550-650 lbs. 

One Part Cement, Three Parts Standard Sand. 

7 days (1 day in moist air, 6 days in water) 150-200 lbs. 

28 days (1 day in moist air, 27 days in water) 200-300 lbs. 

Note. — If the minimum strength is not specified, the mean of the above 
values shall be taken as the minimum strength required. 

Constancy of Volume. 

31. Pats of neat cement about three inches in diameter, one-half inch 
thick at the center, and tapering to a thin edge, shall be kept in moist air 
for a period of twenty-four hours. 

(a) A pat is then kept in air at normal temperature and observed at 
intervals for at least 28 days. 

(6) Another pat is kept in water maintained as near 70° F. as practicable, 
and observed at intervals for at least 28 days. 

(c) A third pat is exposed in any convenient way in an atmosphere of 
steam, above boiling water, in a loosely closed vessel for five hours. 

32. These pats, to satisfactorily pass the requirements, shall remain firm 
and hard and show no signs of distortion, checking, cracking, or disinte- 
grating. 

Sulphuric Acid and Magnesia. 

33. The cement shall not contain more than 1.75 per cent of anhydrous 
sulphuric acid (SO,), nor more than 4 per cent of magnesia (MgO). 



INSPECTION OF ENGINEERING WORK 



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CHAPTER VII. 



ESTIMATING MATERIALS AND THE COSTS OF ENGINEERING 

STRUCTURES. 



This chapter may be considered as a continuation of those 
on '^ Contracts and Specifications " and not as a new subject, for 
the estimating of materials and costs of engineering structures 
plays a very important part in an engineering contract. The 
first thing necessary is to have the proper kind of forms or blanks 
on which to draw up the estimate. A great many engineers who 
have only a small amount of estimating to do, use double-ruled 
ledger paper on which to make their estimates, as there are 
enough rulings for ordinary cases; but in drawing up bridge 
estimates and estimates of other large structures paper is used 
on which there are a number of specially ruled columns, in which 
as many separate classes of material can be carried out as are 
necessary. There should be separate columns for all the 
varieties of materials, also for size, weight, length and total 
length. On bridge estimates a space is also left at the top, on 
which to draw a sketch of the truss. 

Another form of estimate paper is used in drawing up cost 
estimates. On this also there may be a place to draw a diagram, 
places to set down the various items of cost of various materials 
and various forms of the same material, rates and amounts. 

The first material we will consider with reference to drawing 
up estimates on a contract is timber. Unless there is a large 
amount of one size and length to be ordered, it is impossible to 
get timber cut in uneven lengths. That is, if some timber 
21 feet long is wanted it would be necessary to order 22-foot 
timber, because the mills would not cut it 21 feet long unless a 
great deal was needed or enough to cut the logs in the woods to 
special length. Below are some items showing the way timber 
should be set down to be estimated : 

106 



ESTIMATING MATERIALS 107 

One form is : 

7 6 X 8 — 22-ft. ties 

or preferably, 7 ties 6 X 8 — 22-ft. 

16 stringers 6 X 16 — 16-ft. 

36 stringers 7 X 16 — 16-ft. 

14 ties 6 X 8 — 10-ft. 

A person should always have system and method in making 
up an estimate. The figures in columns should always be put 
under each other. The names of the materials should not rim 
over into the figures, and everything should be kept neat and 
orderly, otherwise errors and mistakes are almost sure to follow. 
In taking off timber from a drawing use a red pencil, and as 
each separate item is taken off be sure to check it off on the 
drawing. I have here an estimate w^hich I made for a bridge near 
Fort Lawton. In it I have started at one end of the bridge, 
taking each class of timber and running right through the trestle, 
and then going back and picking up other classes, and finally the 
odds and ends and the little things which are used only once 
or twice. 

Bridge estimating, in which a great deal of the same kind 
of material of the same size and shape is used, is comparatively 
simple, but the estimating of materials and costs of steel frames 
for buildings is a very different thing. In a steel building there 
are hardly two or three pieces alike, because of the different 
loads and stresses they have to bear. The joists, beams, and 
girders are nearly all different, and each separate piece has to 
be noted and accounted for in the estimate, both for the materials 
and the costs. Estimating steel work is very intricate as com- 
pared with timber work. On blanks for estimating steel there 
must be columns for the weight of each different class, for the 
size, shape, length, total length, and weight per foot. 

The price of steel is practically the same for all classes ex- 
cept above 15-inch beams and above 6 by 6 angles. The mills, 
however, at times, make different prices on different classes of 
material, but at the present time they are all the same price. 
To avoid trouble from putting all the different classes together, 
when prices are different, I have a table which gives the propor- 
tions of the different classes of materials in an ordinary bridge, 
so that an average price could be arrived at without setting 



108 ENGINEERING AND CONTRACTING 

down the different classes of material in the estimate. In a 
bridge where the end posts weigh 6600 pounds for the main 
pieces the details can be taken care of by adding 40 per cent of 
6600 pounds. It is the same with nearly all the members of a 
bridge, the details being added in by similar method. In the 
intermediate posts there are probably 60 per cent details. 
The weight of the posts themselves plus the weight of the details 
gives the total weight of the posts. The tables referred to 
previously give the per cent the details would amount to for each 
kind of member in an ordinary bridge. 

In making up a bridge estimate, recently, when in a 
hurry, there was allowed 25 per cent for details on the whole 
bridge, and time was not taken to estimate them more closely. 
Later on when there was time the estimate was checked over 
and the details figured up for each member separately, and it 
was found that there was an error of only a fraction of a per 
cent, so that in a pin connected bridge it is generally right to 
count on about 25 per cent for details. 

In estimating earth work the problem is much simpler, as 
tables and formulas are used; but always when large quantities 
are to be taken out allowance should be made. For instance, 
if a retaining wall which was one-third buried in the earth had 
to be put in, allowance would not be made in the estimate for 
taking out just the actual amount of earth which the wall would 
replace, but a great deal more. It is usual to allow 50 per cent 
excess in figuring up a small estimate of that kind. 

In dredging, quantities of earth are figured up very much as 
they are in ordinary excavating work. But in this also consider- 
able excess should be allowed for. In one government job on 
Puget Sound the excavating was stated as about 50,000 cubic 
yards; the amount actually paid for was 47,000 cubic yards; while 
the amount actually taken out was about 80,000 cubic yards. 
In dredging it is impossible to follow a grade line as in other 
kinds of excavating work; it is necessary to make the channel 
somewhat deeper, so as to be sure that the channel dredged is 
deep enough. 

In estimating on concrete work a great deal of care is neces- 
sary, always, to allow for any contingencies that may arise. Be 
sure to make liberal allowance for filling in excavation not really 
specified but necessary in the job. Also allowance should be 



ESTIMATING MATERIALS 



109 



made for extra concrete required to fill in rough places. Rough 
banks used as forms take a great deal more concrete than plank 
forms, and excess along this line should be allowed for. 

In estimating buildings account must be taken of all the 
thousand and one different minor items which, while small, have 
to be put in the estimate. To do this according to an engineer's 
ideas would be a very lengthy process. But a building contractor 
has little rules which he follows for figuring up these details, 
which save him a great deal of work and time. The contractors 
estimate many things at so much per foot, per square foot, or 
per square, and save a great deal of time and labor in this way. 

An engineer would usually estimate each separate item and 
have a price for each different kind of material. 

Estimating the Cost. 

Large contracting firms have daily reports coming in from 
their contracts showing how much work is done each day and 
how much material is received or used. These " reports are to 
be tabulated later, and make very useful tables to get costs 
for reference in bidding on new work. The following shows the 
form of one of these postal card reports; 



DAILY REPORT 



190 



Plant No. Hr. 

Repairs Plant No. Hr. 

Excavating No. Hr. 

Pile Driving No. Hr. 

Concrete Forms. No. Hr. 

Concrete No. Hr. 

Piers Msc No. Hr. 

False Work No. Hr. 

Removing Old Work . . . .No. Hr. 

Approach No. Hr. 

Framing Trusses No. Hr. 

Erecting No. Hr. 

Painting No. Hr. 



Unloading No. Hr. 

Hauling No. Hr. 

Material Received 



No. Men Working . . 
No. Teams Working 



Work Completed 
Working on .... 



Foreman 



Tables are used showing the shop cost of different kinds of 
work in various shops, and are very useful in estimating costs. 
Costs of material and shop work are greater now than formerly, 
and this should be allowed for in making up estimates. At the 



110 ENGINEERING AND CONTRACTING 

present time steel is practically one price, $1.80 per hundred 
pounds. Of course there are higher prices for I beams larger 
than 15 inches, and for angles larger than 6 by 6 inches. 
The cost of raw steel has been as low as 90 cents per 100 pounds 
in late years. 

Besides this there are various items to be reckoned with in 
estimating the cost of a piece of work, such as the hauling of the 
materials from the railroad to the site, the cost of removal of the 
old structure or material present, painting, putting in foundations, 
excavating, concrete, and the like. The cost of a steel bridge 
would be represented by the cost of material, shop cost, freight, 
lumber for span, haul, erection, and painting. 

Making estimates on excavating work is largely a matter of 
experience. A person has to have a good idea of how many 
cubic yards of different kinds of earth can be handled by the 
different kinds of tools or appliances per day. He must know 
how much it costs to run his apparatus per day, and take into 
consideration all the minor expenses which arise from time to 
time. A person should not figure on too large an output per 
day, for it is very easy to overestimate in this respect. Acci- 
dents and delays are very liable to occur, and these lower the 
output considerably. A set of figures giving the approximate 
cost of running a steam shovel per day is given below. If 
the machine is owned by the contractor he must allow something 
to help pay for the depreciation of the machine, and if it is rented 
he must allow for the rent. 

Steam Shovel. — Cost of Operation per Day. 

Rent (?) $10.00 

Foreman 6.60 

Engineman 5.00 

Craneman 3. 50 

Eireman 2.50 

Eour pitmen 8.00 

Coal 4.00 

Oil and waste 2.00 

Repairs, etc 4.00 



Total $45.50 

The cost of dredging is in a way quite a mystery. An ordi- 
nary dredger costs from $50,000 to $100,000, so that only 
the larger contracting firms have them. The cost of operating 



ESTIMATING MATERIALS 111 

and keeping them up is practically kept secret. However, it all 
comes down to how much it costs to mn one per day, including 
repairs, renewals, and depreciation, howmuch it costs to distribute 
the earth taken out, and upon dividing this total by the output 
per day we have the cost per unit. With a thousand-foot 
pipe line — a longer one cannot be used to advantage for gravel — 
500 to 600 cubic yards of gravel can be dredged per day ; 800 to 
1200 cubic yards of heavy sand; 1200 to 3000 cubic yards of 
light sand ; and as high as 20,000 cubic yards of mud can be taken 
out in a day. 

Cost of Concrete Work. 

From tables it is found that for 1, 3, and 6 concrete the cement 
will run to 1.04 barrels per cubic yard. Then there is the coarse 
gravel or broken stone, about 1 yard, and sand about 0.36 cubic 
yard. These things may be tabulated like this for an ordinary 
w^all : 

Cement J .04 barrels at $2.50 per barrel. 

Sand 0.40 cubic yard at 81.00 per cubic yard. 

Gravel 1.00 cubic yard at $1.25 per cubic yard. 

Labor (average) $1.50 per cubic yard. 

Forms (ordinary) $1.00 per cubic yard. 

Labor is to be estimated from the labor conditions or rate 
per day and how many yards can be placed per day. All these 
items added give the total cost of concrete per cubic yard. 

The cost of steel building work may be given in the following 
items: The steel itself, shop work, freight, hauling, corrugated 
iron covering when it is used, erection, and other items. Corru- 
gated iron costs about $1.50 per square for putting on, rivet- 
ing, and painting. The cost of the ordinary building depends 
upon the cost of each item of material and the cost of the labor. 

The cost of laying cast-iron pipe is summed up from the cost 
of the lead and the hemp for packing joints, cost of excavation 
per lineal foot, cost of hauling, of planking up excavation, of 
laying, cost of superintendence, and cost of pipe itself. These 
things are given quite fully in Rider's '^ Little Engineer," a 
small handbook on hydraulic work. 

The cost of foundation work is estimated from the cost of ex- 
cavating, driving piles, placing concrete footings, and building the 
masonry. Estimates should always be checked over very care- 



112 ENGINEERING AND CONTRACTING 

fully, both materials and costs, before being used. A person 
should always go over his figures very carefully, or have some 
one check them, as it is very easy to make errors in an estimate; 
when once they are used in bidding and the bid accepted, it is 
too late to correct the error. An engineer for a large contracting 
company in the East once made an estimate for a bridge in a 
hurry. He estimated for only half the bridge, intending to 
multiply by 2, but he forgot to do this. He did not check 
his figures ; handed his work in, broke the company up in business, 
was discharged — all because he did not verify his work. If 
possible, a person would do well to get an adding machine to 
foot up estimates, in this way being able to get more accurate 
results where otherwise it would be necessary to go over the 
figures several times to verify the work. 



ESTIMATING MATERIALS 



113 



o 


COST ESTIMAl 

The Western Bj 

Summary for_ 


-E OF BRIDGE. £g^_ [^q_ 

niDGE Company. Con. No. 

: 18. 












Size, 


1 ! 1 1 i 1 : ■ ; M 1 ■ 1 1 ■ 




|^M|i:'"^| ii['rm=-^i^|W 






_^ ----- - -- — 


i 1 i 1 1 .Ml!'- ' ' \ 












--^ -|+^^- -: ::-|-r .. ^ - - 




:d±::::±:::x:::::?±::::::::::::::::::: 
Items. Quantity. @ 


-^! i : i i ! : i S — ^ 4-^ 

Amount. Total Amount. 


Remarks. 




Plates 








Angles 








Channels 








Beams 
































Shopwork 
























Castings 








Lumber--Pine 








Lumber- Oak 
















Handrail 
















Freight 
















Hauling 








Erection 






















o 


Removing Old Work 
















Painting Coats 
































Excavating 








Masonry 








Concrete 








Piles 














() 


Profit 
















Bid 























COST ESTIMATE OF STEEL BRIDGE. 

Actual size, 8| inches wide by 14 inches high. 



114 



ENGINEERING AND CONTRACTING 



LOCATION- 
WORK — 




O 




SPAN— steel 


@ 
























@ 






















Cast Iron 


@ 
























@ 






















Freight Iron 


@ 
























@ 






















Patterns 


@ 
























@ 






















Timber — Trusses 


@ 






















-Floor 


@ 
























@ 






















Framing Trusses 


@ 
























@ 






















Haul - Timber 


@ 






















" - Iron 


@ 
























@ 






















Galvanized Iron 


@ 






















Handrail 


@ 






















Paint 


@ 


















n 






@ 






















Erection 


@ 
























@ 






















Tools 


@ 
























@ 






















Transportation, Men 


@ 
























@ 






















Removal Old Work 


@ 






































































































































































PIERS- Metal 


@ 






















Freight 


@ 






















Erection 


@ 






















Excavation 


@ 






















Concrete 


@ 






















Piles 


@ 


















/'~N 




Pile Driving 


@ 


















o 




Timber 


® 






















Haul 


@ 






















Masonry 


@ 


































































1 























COST ESTIMATE OF STEEL OR TIMBER BRIDGE. 
Actual size, 6 inches wide by 9^ inches high. . 



ESTIMATING MATERIALS 



115 




bjO 



o 

a 



r3 



en 



o 

< 



W 
K 

J/: 

O 
H 










C5 
























^ 1 


— 






















X 

2 
3 


— 


— 












PL, 

o 
o 






























— 




— 


— 


O 

Q 

(—1 

pq 














n 

1 




-1-' 


CQ 

1 














1 


III 






If 






Eh 








E- J3 






d 














.3 














< 

< 


























I* 


5 

5 


s 







IS 

CQ 

(1; 



G 



O 
H 

g 



116 



ENGINEERING AND CONTRACTING 



ATLANTIC CONSTRUCTION COMPANY. 



MATERIAL RECEIVED. 

Dry Dock, 

DAILY REPORT 

For 24 hours ending 6 p.m 19 

Piling (description) 

Lumber 

Cement, bbls 

Brick, M 



Sand, cu, yds.. . 
Gravel, cu. yds. 
Machinery .... 
Miscellaneous . . 



Signed 



Supt. 



ATLANTIC CONSTRUCTION COMPANY. 



SUPERINTENDENCE. 

Dry Dock, 



DAILY REPORT 



For 24 hours ending 6 p.m. 



19 



No. 



Men Employed. 



Superintendent 

Ass't Superintendent. 

Book-keepers 

Time-keepers 

General Foreman .... 

Engineers 

Ass't Engineers 



Hours. 



Rate. 



Amount. 



Total Labor Expense . . 
Miscellaneous Expense 



Total Expense, 



Eemarks : 



Signed . 



Supt. 



ESTIMATING MATERIALS 



117 



ATLANTIC CONSTRUCTION COMPANY. 



TIMBER PLACED IN STRUCTURE. 

Dry Dock, 

DAILY REPORT 

For 24 hours ending 6 p.m 19 

Timber Placed in Structure, feet B. M 

Kemarks : 



No. 


Men Employed. 


Hours. 


Rate. 


Amount. 




Foremen 












Carpenters 












u 












u 












Laborers 












Raftsmen 
























Derrick Hoists 











Remarks: 



Total Earned . 
Total Expense 



Net. 



Signed 



Not to be filled 

in by 
Superintendent. 



Supt. 



ATLANTIC CONSTRUCTION COMPANY. 



PUMPING. 



Dry Dock, . . 

For 24 hours ending 6 p.m. 



DAILY REPORT 



19 



Coal used, 
Supplies, . 
Remarks : 



.Tons at I , Cost 



No. 



Men Employed. 



Engineers 

Engineers, Assistant 
Firemen 



Hours. 



Rate. 



Amount. 



Total Earned . 
Total Expense 

Remarks : 



Net 



Not to be filled 

in by 
Superintendent 



Signed 



Supt. 



118 



ENGINEERING AND CONTRACTING 



ATLANTIC CONSTRUCTION COMPANY. 



PILE DRIVING. 



Dry Dock, 



DAILY REPORT 

For 24 hours ending 6 p.m. 19 



Character of Piles Driven, 



No. 



Length. 



No. 



Length. 



Total, 



Piles Sawed Off, No. 



No. 



Men Employed 



Foremen 

Engineers 

Raftsmen 

Pile Driver Crew 



(( u 



Hours. 



Rate. 



Amount. 



Fuel and Supplies, 



Total Earned . 
Total Expense 



Net, 



Not to be filled 

in by 
Superintendent. 



Signed 



Supt. 



ESTIMATING MATERIALS 



119 



ATLANTIC CONSTRUCTION COMPANY. 



CONCRETE. 

Dry Dock, 

DAILY REPORT 

For 24 hours ending 6 p.m. 19 . 

Concrete Placed, cubic yards 

Remarks : 



Foremen . 
Laborers 



Train Crews . . 
Derrick Crews 
Men Screening 
Men Loading . 



Hours. 



Rate. 



Amount. 



Remarks 



Total Earned . 
Total Expense 



Net. 



Signed 



Not to be filled 

in by 
Superintendent. 



Supt. 



ATLANTIC CONSTRUCTION COMPANY. 



For 24 hoi 


BRICKWORK. 

Dry Dock, 




19 


DAILY REPORT 

irs ending 6 p.m 




Brick Plac 
Remarks ; 


ed, M 










Hours. 


Rate, 


.\mount. 




Foremen 












Bricklayers 












Laborers 
























Hoisters 


































Remarks : 





Total Earned . 
Total Expense 



Net 



Signed 



Not to be filled 

in by 
Superintendent. 



Supt. 



120 



ENGINEERING AND CONTRACTING 
ATLANTIC CONSTRUCTION COMPANY. 



TRAINS AND DERRICKS. 

Dry Dock, 

DAILY REPORT 

For 24 hours ending 6 p.m 19 

Coal Used, Locomotives, . . . Tons at $ $ 

Supplies for Trains, I 

Coal Used, Derricks, Tons at $ $ 

Supplies, Derricks, 



No. 


Men Employed. 


Hours. 


Rate. 


Amount. 




Trains. 
Engineers 












Firemen 












. Brakemen 
























Derricks. 
Engineers 



































Total Expense 



Remarks: 



Signed 



Supt. 



ATLANTIC CONSTRUCTION COMPANY. 



Dry Dock, . 

For 24 hours ending; 6 p.m 



COMMISSARY. 

DAILY REPORT 



19 



No. 


Men Employed. 


Hours. 


Rate. 


Amount. 




Cooks 












(( 












Dishwashers 












Waiters 



































]SI umber of Meals Served, at 

Number of Lodgings, at 

Total Earnings, 

Labor Expense 



Remarks 



Signed 



Supt. 



ESTIMATING MATERIALS 



121 



DAILY DREDGE REPORT 



Dredge - 



■ at- 



For 24 Hours ending 7 A.M. 






— 190— 


NO. 


EMPLOYMENT 


HOURS 




r^inijiin 










T\n(jine''f'S 








Tj^^icrrncri 








Mate'r 








Wirprqpri 








Oiler<i 








Dcrh H;infi<; 










^f^ffrnypri 










Ldbeemen 










Btzcksmith a.nd Helper 










Carpcntcf' 










r.nnU 








T<yxvbofitmen 








r.n;i1 P^<:^cf<: 








OH Tcncicr 










Pipe ]V^frh^f<: 



















Character of Material- 
Length of Pipe Line — 
Height of 'Discharge— 
Number Landpipes- 



Number Pontoon Pipes — ■ 

Rubber Connections in Use. No, 



Number of Feet Mo'bed Fo/h'ard- 

Aberage Width of Cut 

Aberage Depth of Cut 



Number of Yards Exca'bated- 
Number of Hours Run 



Time and Cause Each T>elay- 



Signedp 



-Captain 



Actual size, \\ inches wide by 11^ inches high. 



122 



ENGINEERING AND CONTRACTING 



Dredce- 


WEEKI^Y DREDGE REPORT 




At 


Week Ending. 




DAY 


DATE 


LENGTH 
PIPE 


TONS 
FUEL 


HOURS 
RUN 


YARDAGE 


Sunday 


























Monday 


























Tuesday 


























Wednesday 


























Thursday 


























Friday 


























Saturday 


























TOTAL 


























AVERAGE 


























^marks 






Trincipat cause i 


tost time- _ _ __ . _ 








Signed 

By. 


— 





— 


— 


-- 


— 





Actual size, 6 inches wide by 9^ inches high. 



CHAPTER VIII. 

BIDDING ON ENGINEERING WORK. 

In the last chapter the making of bids from the standpoint 
of making estimates on materials used, labor, cost of erection, 
and all other cost items, was discussed. After bids are made 
up they are turned in to some person, official, or corporation 
taking the bids, and there are various forms in which bids are 
turned in. In government or county work the form is pre- 
scribed by law, and this form must be followed. The form of 
advertising for bids used by the Engineer Corps of the Army is 
one of the shortest and does not go into the details of the work, 
but just states the plain facts. The Navy Department usually 
goes more into the details of the work, giving a short description 
of what the work is; also in municipal work and county work 
this is done. In government work let by the War Department, 
however, the work is not described in the advertisements. A 
collection of these advertisements is valuable for reference, as 
they will offer many valuable suggestions as to the manner of 
writing out advertisements. In the case of municipal and county 
work it is usually stated in the advertisement how bids are to 
be addressed and delivered, and the amount of guaranty bond 
or certified check that must be given. In advertising for 
army bids, instructions to bidders are given quite fully in the 
specifications. In municipal and county work the advertise- 
ments and the instructions to bidders are often sent out 
separately. 

In the matter of certified checks to accompany bids on pri- 
vate or corporation work, the parties sending out the advertise- 
ments are free to ask for any amount that they see fit. When 
they advertise publicly, and the bidding is open to all comei*s, 
they usually make the amount of the check high enough to shut 
out bidders of little standing. This is also done sometimes in 
municipal and county work in order to prevent some bidders 
from getting the work and to give it to some particular con- 

123 



124 ENGINEERING AND CONTRACTING 

tractor who otherwise would not get it. For instance, in some 
cases checks of 125,000 have been asked for when the total 
price of the work was only about $100,000. This is excessive, 
and there are not always many bidders who would care to put 
up such a check as a guaranty to take the contract if the work 
was awarded them. In the state of Washington 5 per cent of 
the total cost of the work is the limit put upon the size of a 
certified check or bidding bond. On the Mt. Rainier War De- 
partment road contract a sum of S500 was required, not in the 
shape of a certified check but as a guaranty bond. A certified 
check could probably be given and comply with the law. 

When an advertisement has been gone over very carefully, 
so that one knows just exactly what he is bidding on, the bids 
are made out in compliance with the advertisement. In Govern- 
ment Army work the form of the proposal is similar to that 
shown in the Olympia dredging specifications and the Mt. Rainier 
road work, and the War Department form is generally modeled on 
the same plan, no matter what the class of work. The proposal 
always starts out in a formal way, followed by the figures for 
the various items of the bid, a formal closing paragraph, and the 
legal signature of the bidder. If the blanks are not properly 
filled out, the official to whom the bid is being made may 
throw out the bid if he cares to do so. For county work the form 
of proposal is not generally specified, but the form is usually the 
same for bridge work all over the United States, and a copy of 
such a form is attached hereto. In most blank proposals there is 
a clause about strikes, accidents, and other delays beyond the con- 
trol of the bidder. If this clause is not already in the blank con- 
tract, it should be put in before signing a contract, since a 
person or corporation cannot be held in the law for what is not 
down in writing in the contract, although it was in the proposal, 
unless the proposal is referred to in the contract and made a part 
thereof. On a contract with some parties who started their work 
and later wanted to abandon it without recompensing the 
contractor, it was agreed to stop work if they would trade 
another contract they had to let and pay a certain sum for the 
profit on the unfinished work. They thought there was a clause 
in the contract stating that they had a right to quit at any 
time they pleased without settling for profits, and they threat- 
ened to take the matter to court. But on examining their copy 



BIDDING ON ENGINEERING WORK. 125 

of the contract they found that there was no such clause and 
that they were in the wrong. They then said that they had not 
read their contract before signing it. Even if they had not, 
that would have been no legal excuse. A contract should never 
be signed until it has been read and studied carefully and 
thoroughly understood. 

The general forms of proposals can be found from the various 
forms attached to the specifications. The blank forms used by 
the city of Seattle are very different from those in use in the 
other cases we have discussed, also different from those used by 
most corporations or private firms. They all have spaces in 
which to write out in words, as well as in figures, the amounts bid 
for various things or parts of the work. This is very essential, 
and should be done in all proposals or contracts whether there 
is a special place for it or not. Bidders often neglect to do this, 
and it sometimes leads to serious errors. In bidding on some 
cement paving work in this city recently a certain contractor 
made a mistake in the column in which he put down the figures 
and bid 70 cents instead of $70. He did not write out the 
amount in words. The proposal was signed in that shape, so 
he had to take the contract and lose about $500 by his error. 
If he had refused to go ahead with the work, he would have 
forfeited his guaranty check for $180, and would not have 
been allowed to bid on city work again for two years; so he 
decided to go ahead and stand the loss. Amounts of money 
should always be written out in words as well as put down in 
figures. For small contracts, where no special forms for proposal 
are specified, something similar to the following may usually be 
used. 



126 ENGIiNIEERING AND CONTRACTING 

PROPOSAL. 

.19.. 

To 

Gentlemen: We hereby propose to furnish all the material and do all 

the work necessary to construct, erect, and complete ready for 

;the 

for 

in accordance with the plans and specifications 

for the following price, viz.: 



And we hereby propose, if the above proposal is accepted, to enter into 
contract to faithfully perform the work above mentioned. All agreements 
subject to strikes, floods, or any other cause beyond our control. 

Yours faithfully, 

NATIONAL CONTRACT CO. 



Agent 

The matter of putting in bids and winning out is largely one 
of experience and knack. A man has to have a natural idea 
about these things to make sure of getting a reasonable amount 
of work to do in this age of competition. Never make a bid in 
round numbers, but always make it an uneven amount. For in- 
stance: If some excavation work came to 45 cents per cubic 
yard, it would be natural that some one else might arrive at the 
same figures and put it down to 44 cents a yard, just to get 
below 45 cents. The other fellow will probably think about it in 
just the same way, and as he will likely cut his figures to 44 cents 
or even lower, it would be wise to cut to say 43tV^ cents a yard, 
provided of course that there is still a profit. I know of a several 
hundred thousand dollar contract which was lost by one bidder 
because another bidder cut his price from 15 J cents to 15t*A 
cents. Do not bid in round figures, but always make it just a 
little below and in uneven figures. 



BIDDING ON ENGINEERING WORK 127 

Quite often advertisements for bids will have restrictions in 
them as to who the bidder may be. This is generally a limit with 
reference to the amount of experience required. In a great many 
cases if work was let out to inexperienced firms, very poor work 
would be done, and so there is very often a clause in the advertise- 
ment stating the number of years' experience required of a bidder 
in a particular kind of work. Exclusion clauses are often put in 
to shut out certain bidders and contractors who have not com- 
pleted contracts on time for pieces of work for the same adver- 
tiser. Also if it is known that in any way a man has played 
crooked with his former employer, an exclusion clause will often 
be put in, so worded as to exclude him from the right to bid. 
In case of failure to accept work for which they are low bidders, 
contractors on Seattle city work are not allowed to bid again for 
two years. 

In comparing unit bids it is absolutely necessary to have 
some standard quantities stated as the basis on which to compare 
them. The quantities to be used as a basis of comparison are 
usually stated more or less completely in the advertisement or 
specifications. For justice in deciding between various bids on 
a unit basis and comparing them, one should insist before bidding 
that the quantities of various kinds of materials should be given. 
Then one can be sure when one bidder really is below another. 
Sometimes one bidder will be very low on some items and ex- 
pect to make it up on some item where his bid is high, when he 
knows a larger quantity will be used than has been stated. Ac- 
count should be taken of all these things, and if a bidder goes 
very low on one special thing one should examine the bids very 
carefully to see if he does not expect to make it up on some other 
items. 

Sometimes government officers will ask for alternate bids in 
order that they may know the cost of doing the work in various 
ways. Very often a bid will be counted as irregular and not con- 
sidered at all if the proposal is not filled out in just the specified 
manner. In bidding on a very heavy sea wall to be erected at 
the navy yard, I once handed in a bid for a concrete-steel wall 
as well as for the ordinary concrete retaining wall. Although 
this was not awarded on the concrete-steel wall, the idea was 
adopted at another time and that form of construction used. 

In the matter of rejecting bids on work, the advertisement or 



128 ENGINEERING AND CONTRACTING 

specifications usually provide that parties receiving bids are at 
liberty to reject any or all bids if they care to do so. This pro- 
viso is put in for the reason that all the bids may be too high, 
and even if some of them are low enough the parties may not 
care to accept the lowest bids on account of the standing of the 
bidder, his resources, plant, or some other good reason. A low 
bid may be rejected on account of the irresponsibility or the in- 
ability of the low bidder to do the work, and a higher bid may 
be accepted. In this state the law specifies that the lowest and 
best bid is to be accepted ; but it would usually be rather hard 
to show any reason why the lowest bid would not be the best. 

In the case of bidding on private work, the advertisements and 
proposals usually state at what hour the bids will be accepted 
and before that hour only. There is a great chance for unfair 
dealing in doing business in this way, for the bids may all be in 
and the hour past and some friend of the man running the 
affair come along and want to hand in a' bid, and even though it is 
too late according to the advertisements, the bid will be accepted. 
There is no law to govern this case, and private individuals, 
companies, and corporations can do as they please. I have not 
touched all the phases of this subject, because much of it does 
not come under the engineer's supervision. 



FORMS FOR ADVERTISEMENTS. 

Advertisement for Government Contract. 

DEPARTMENT OF THE INTERIOR, United States Reclamation Ser- 
vice, Washington, D.C., May 23, 1908. Sealed proposals will be received at 
the office of the United States Reclamation Service at Orland, California, until 
2 o'clock P.M., August 27, 1908, for the construction of East Park Dam, Spill- 
way and Dikes, located about 12 miles northwest from Sites, Colusa County, 
California, and involving the placing of about 13,500 cubic yards of concrete 
and the excavation of about 8500 cubic yards of material. For further par- 
ticulars address the United States Reclamation Service, Washington, D. C, 
307 Tilford Building, Portland, Oregon, or Orland, California. JAMES 
RUDOLPH GARFIELD, Secretary. 



BIDDING ON ENGINEERING WORK 129 

Advertisement for State Canal. 
NOTICE TO CONTRACTORS. 

State of New York, 

Office of Superintendent of Public Works. 

Albany, July 14, 1908. 
Sealed proposals will be received by the undersigned at his office in the 
Capitol in Albany, N.Y., until twelve o'clock noon of Tuesday, August 11, 
1908, at which place and hour they will be publicly opened and read, for 
improving the New York State Canals, pursuant to the provisions of Chapter 
147 of the Laws of 1903, and of the amendments thereto, as follows: 



CONTRACT NO. 31. 
Erie Canal. Section 4. 

For improving the Erie Canal at Little Falls, and modifying Dam and con- 
structing Guard Gates at Rocky Rift. Length, 1.01 miles. Sheets 1 to 74, 
inclusive. 

Plans may be seen and detailed specifications, engineer's estimate of quan- 
tities, proposal blanks, form of contract and bonds required and other informa- 
tion for proposers may be had at the office of the Superintendent of Public 
Works at Albany, N.Y. ; at the office of the Assistant Superintendent of 
Public Works for the Middle Division at Syracuse, N.Y. ; at the office of the 
Assistant Superintendent of Public Works for the Western Division at Roches- 
ter, N.Y.; and at the canal office, Spaulding's Exchange, Buffalo, N.Y. ; 
Copies of detailed plans or drawings may be obtained from the State Engi- 
neer and Surveyor at Albany, N.Y., upon payment of the cost of producing 
them. 

Monthly estimates will be paid of ninety per centum (90 per cent) of the 
work done at the contract price. Every proposal for said work must be 
accompanied by a money deposit in the form of a draft or certified check upon 
some good banking institution in the city of Albany or New York, issued by a 
national or State bank in good credit within the State and payable at sight to 
the Superintendent of Public Works for five per centum (5 per cent) of the 
amount of the proposal. 

The person whose proposal shall be accepted will be required to execute a 
contract and furnish bonds within ten days from the date of notice of award 
delivered to him or them in person or mailed to the address given in the pro- 
posal. Upon execution of the contract and approval of bonds, the deposit 
will be returned to the proposer. The deposits of bidders other than the one 
to whom the award of contract shall be made will bo returned immediately 
after the award has been made. The amount of bond required for faithful 
performance will be twenty-five per centum (25 per cent) of the amount of iiio 
estimated cost of the work according to the contract price, and an additional 
bond, known as the labor bond, in the sum of ten per centum (10 per cent) of 



130 ENGINEERING AND CONTRACTING 

the amount of the estimated cost of the work according to the contract price, 
will be required as security that the contractor will pay in full at least once 
in each month all laborers employed by him upon the work specified to be 
done in the contract. 

Each proposal must be addressed to the Superintendent of Public Works, 
Albany, N. Y., and must be endorsed on the envelope with the name of the 
construction for which the proposal is made. 

Award, if made, will be made to the person or persons whose proposal 
shall be lowest in cost to the State for doing the work, and which shall com- 
ply with all provisions required to render it formal. Before any award 
shall be made the lowest bidder will be required to satisfy the Superin- 
tendent of Public Works of his ability to provide suitable equipment and 
materials for the proper performance of the work. 

The right is reserved to reject all proposals and readvertise and award the 
contract in the regular manner if, in the judgment of the undersigned, the 
interests of the State will be enhanced thereby. 

F. C. STEVENS, 
Superintendent of Public Works. 



Advertisement for Dredging Contract. 

COMMONWEALTH OF MASSACHUSETTS. — Board of Harbor and 
Land Commissioners, State House, Boston, July 31, 1908. — Sealed bids or 
proposals for dredging a channel in Plymouth harbor from the Cow Yard to 
the wharf of the Plymouth Cordage Company will be received by the Board 
of Harbor and Land Commissioners at Room 131, State House, Boston, 
Mass., until 2 o'clock p. m., Friday, September 4, 1908, and then and there 
will be publicly opened and read. The work to be done is the dredging of 
about 700,000 cubic yards of material to form a channel about 1,100 feet 
long, 250 feet wide and 20 feet deep at mean low water through the bar near 
the Cow Yard, and a channel about 5,000 feet long, 150 feet wide and 
18 feet deep at mean low water, from the deep water inside the bar to the 
wharf of the Plymouth Cordage Company, the excavated material to be 
dumped at sea about 2 miles east of Gurnet Lights. All proposals must b? 
made upon blank forms, which, together with information in regard to the 
work, may be obtained at the office of the Board, where plans and specifi- 
cations may be seen. Each bidder will be required to give to the Board 
satisfactory assurance of his competency, experience and responsibility. 
The right is reserved to reject any and all bids, and to waive any defect or 
informality at the discretion of the Board. GEORGE E. SMITH, SAMUEL 
M. MANSFIELD, HEMAN A. HARDING, Harbor and Land Commission- 
ers; FRANK W. HODGDON, Chief Engineer. 



BIDDING ON ENGINEERING WORK 131 

Advertisement for City Psuving. 
STREET IMPROVEMENTS. 

White Plains, N. Y. 

Sealed proposals, addressed to the Village Clerk, will be received by the 
Board of Trustees of the Village of White Plains, New York, until 8 p. m. of 
the 17th day of August, 1908, for paving improvements, approximate quan- 
tities of which here follow: 

7,000 square yards of brick pavement. 

8,000 square yards of macadam pavement. 

4,000 lineal feet of vitrified tile drains and appurtenances. 

18,000 lineal feet of bluestone curbing. 

18,000 lineal feet of bluestone sidewalk. 

23,000 lineal feet of brick gutter. 

Plans and profiles may be examined, and upon the payment of one dollar 
($1.00) for each set, which deposit will be returned when proposals are 
received by the Board of Trustees, specifications and form of agreement 
may be secured at the office of James F. Goerke, Village Engineer, Room 
714, Realty Building, White Plains, N. Y. 

Bids must be made in strict accordance with the Instructions to Bidders 
attached to the Specifications. 

By order of the Board of Trustees. 

Dated WTiite Plains, N. Y., July 20, 1908. 

CHRISTOPHER HARMON, 
President pro tern and Acting President. 
PETER PAULDING, 

Village Clerk, 

Advertisement for City Sewers. 
SEWER. 

Office of the Commissioners of Sewerage 
OF Louisville, Incorporated. 

Sealed proposals for the construction of a sewer known as Section "D" 
of the Southern Outfall Sewer, Contract No. 11 of the Comprehensive 
System of Sewerage for the City of Louisville, Ky., will be received at the 
office of the Commissioners of Sewerage until 12 o'clock noon August 21st, 1908. 

The work consists mainly of building a sewer to be constructed of rein- 
forced concrete as follows: 770 ft. concrete 13 ft. 9 in. in diameter; 2,763 ft. 
concrete 13 ft. 6 in. in diameter; 1,037 ft. concrete 13 ft. 3 in. in diameter; 
1,360 ft. concrete 13 ft. in diameter. 

The principal items in the Engineer's estimate of the work are approxi- 
mately as follows: 

Depth of cut, 26 to 42 feet. 

Concrete masonry, 11,000 cu. yds. 

Reinforcing steel, 660,000 lbs. 

Plans and specifications may be seen at the office of the Commissioners 
and at the office of the Consulting Engineer, Harrison P. Eddy, of Metcalf 
& Eddy, 14 Beacon Street, Boston, Mass. 



132 ENGINEERING AND CONTRACTING 

Sealed bids should be endorsed " Proposals for Section ' D ' of the Southern 
Outfall Sewer," and addressed to the Commissioners of Sewerage, Equitable 
Building, Louisville, Ky. Each bid shall be accompanied by a certified 
check for at least seven per cent (7%) of the total amount of the bid or a 
"Bidder's Bond" as described in the form of proposal. 

P. L. ATHERTON, 

Chairman. 
CHAS. P. WEAVER, 

Secretary and Treasurer. 
J. B. F. BREED, 

Chief Engineer. 

Advertisement for Steel Bridge Contract. 

BRIDGE. 

NOTICE TO CONTRACTORS. 

Salisbury, Maryland. 
Sealed proposals, accompanied by plans, addressed to the County Commis- 
sioners of Wicomico County, for the construction of a steel plate girder draw- 
bridge over the Wicomico River, at the crossing of Main Street, Salisbury, 
Maryland, will be received until 12 o'clock, noon, of the eighteenth day of 
August, 1908, according to the specifications on file with the Clerk to the County 
Commissioners, at their office in Salisbury, Md. Each bid must be accom- 
panied by a certified check for S200, which will become the property of the 
County, should the successful bidder fail to execute a contract awarded to him. 
The County Commissioners reserve the right to reject any and all bids. 
By order of the Board, 

H. M. CLARK, 

Roads Engineer. 

Advertisement for Stone Bridge Contract. 
BRIDGE. 

WOONSOCKET, R. I. 

Sealed proposals, endorsed "Proposals for Building a Stone Arch or a Con- 
crete and Steel Arch Bridge on Sayles Street and over the Blackstone River," 
will be received by Stephen Magown, Chairman of Committee on Streets and 
Bridges, until four (4) p. m. Friday, August 21, 1908. 

Each bid must be accompanied by a certified check for the sum of Five Hun- 
dred (500) Dollars, made payable to the order of the City Treasurer of the City of 
Woonsocket, as surety that if the bid is accepted a contract will be entered into. 

Plans, specifications and form of proposal and contract may be obtained at 
the office of the City Engineer. 

Contractors may submit design and specification for a steel and concrete 
bridge. 

The right to reject any or all bids is expressly reserved, as the interest of the 
city may appear. 

STEPHEN MAGOWN, Chairman. 
JAMES MULLEN, 
RAPHAEL P. DAIGNAULT, 

Committee on Streets and Bridges. 
FRANK H. MILLS, 

City Engineer. 



CHAPTER IX. 

ORGANIZATION OF CONTRACT WORK. 

There are so many different classes of contracts that it is 
difficult in any short space fully to outline the methods of or- 
ganization which would be applicable only in a general way to 
any particular class of work. The size of contracts also has very 
much to do with the extent of the organization for handling it, 
small contracts, of course, not warranting anything like the 
outlay for management and supervision that could be made for 
large pieces of work or by a concern handling a large amount of 
work of different kinds. 

There are, moreover, so many classes of contractors, both as 
to class of work and as to the amount of capital invested, that 
what would do in one case would be entirely inadequate in 
another. Many contractors simply take what work they can 
look after themselves without employing any help whatever, 
and such ones usually, as the saying goes, ''have their offices 
in their hats." An individual contractor handling a medium 
amount of work, or a small concern, will, of course, have a small 
organization to assist in carrying out contracts, while a large 
contractor or firm will have a very complete organization to 
handle all contracts and all details in the most complete man- 
ner possible. 

Office Organization is the first thing that would naturally 
be arranged for by any one entering upon a large contract or 
engaging in a general contract business. The departments of 
such an office force would be the general officers, the contracting 
department, the engineering department, the accounting de- 
partment, the purchasing department, and the superintending 
department of the contracts, which latter may generally be in- 
cluded among the general officers. 

The General OFFicERSof the company are usually a president, 
vice-president, general manager, manager, chief engineer, super- 
intendent, secretary, treasurer, auditor, and purchasing agent. 

i;j3 



134 ENGINEERING AND CONTRACTING 

In a large concern one person would hold only one of the above 
offices, but as the concern becomes smaller one person would 
likely hold two or more offices; for example, the president or 
vice-president might also hold the office of general manager, or 
one of them might hold the office of chief engineer, or secretary, 
or treasurer. The general manager might be termed a general 
superintendent or might be the only superintendent employed 
by the concern. The offices of secretary and auditor are very 
often combined, as are also the offices of secretary and treasurer. 

The Engineering Department has as its head the engineer or 
chief engineer of the concern, who looks after all engineering 
matters, including the making of detailed plans on work where 
only general plans have been furnished, or the making of general 
plans where the contractor makes the general plan to be submitted 
with a bid. The engineering department also assists the other de- 
partments by making up orders for material to conform to the 
plans and specifications for the contracts that are to be executed, 
by making up and checking estimates for work that is to be bid 
upon and for work that is being carried out. The chief engineer 
will have as many assistants as are necessary for the amount 
of work to be carried on, consisting of engineers, estimators, 
draftsmen, and clerks. 

The Contracting Department is usually combined with or 
closely related to the engineering department, the engineering 
work being done under the chief engineer's direction. The bidding 
on work is generally done under the supervision of the president, 
vice-president, general manager, or chief engineer, the contract- 
ing agents having their figures supplied to them in whatever 
detail is necessary for properly making up a bid on each particular 
piece of work. These contracting agents are usually men familiar 
enough with contract work to make up small estimates or intelli- 
gently to modify estimates or to make up, should the occasion 
arise, figures of proposed changes for making a modified bid. 
Many contracting firms employ engineers as contracting agents, 
so that each one is able to make up his own estimates of materials 
and costs. 

The Purchasing Department is also very closely related to 
the engineering department, getting all the data for buying 
material from the chief engineer or his assistants. It is necessary 
for the head of this department to be well posted as to all classes 



ORGANIZATION OF CONTRACT WORK 135 

of materials, and both as to actual and relative prices, as very 
much of the profit of the concern depends upon the skill and 
care with which the buying is done, the same as in any other 
line of business. Should the purchasing agent be so careless or 
inexperienced as to let a firm get the idea that they are the only 
ones bidding on materials, he will pretty surely not get satis- 
factory figures, or figures which will be low enough to materially 
help out the profits. In fact, in no other department is there 
more need of a high-class man. 

The Auditing or Accounting department is usually under the 
direct charge of either the auditor or secretary of the company, 
and all accounts, both general and for each particular contract, 
are carefully kept by the employees of this department. The 
general accounts would cover the general expenses, salaries, 
interest, discount, taxes, office expense, and any other items not 
directly chargeable to other general or detailed accounts. Con- 
tracting expense covers all expenses incurred in the advertising 
of the business, making up of estimates for bidding, and the 
actual expenses incurred in the contracting department in 
salaries, traveling expenses, and the like. Other general accounts 
which may be mentioned are interest and discount, repaire and 
renewals, and any other classes of expense which cannot be 
directly charged to the separate contracts. Separate contract 
accounts should be kept for each particular piece of work with 
separate columns, so that each portion of the expense may be 
segregated in the ledger, such as material, labor, transportation, 
and after all other items that are desired have been provided for, 
a column for incidentals, which will cover all small items not 
properly taken care of under one of the general headings. For 
example, on steam-shovel work, the separate columns of a ledger 
account of a contract would be labor, fuel, repairs, supplies, 
oil and waste, and water. It is advisable, of course, to simplify 
the bookkeeping as much as possible, in order to have time 
for properly figuring up and tabulating the cost of work as com- 
pleted and in order to have data for figuring on new contracts. 
It has been the writer's custom for many years to use a book- 
keeping system wherein the day-book, journal and cash-book 
are all combined in one, called the synoptic, the general accounts 
being kept in separate columns of the synoptic, as may be seen 
from the sample pages, and not posted to the ledger, such items 



136 ENGINEERING AND CONTRACTING 

as are necessary to post up on ledger accounts being carried out 
into the columns headed ledger, and from which the ledger 
posting is done. An examination of the sample pages of a 
contractor's ledger also show how contracts may be satisfactorily 
segregated. The auditing department also makes up all pay 
rolls and checks and all statements that are necessary as to 
the financial end of the business. 

The Superintending of the work is generally in charge of the 
general manager, general superintendent, or superintendent, as 
the case may be. In case there are a great many branches of 
work carried on there will be the general superintendent, with 
as many assistant superintendents as may be necessary to the 
organization. Under the superintendent are all of the foremen, 
timekeepers, and employees of the field organization, which will 
be taken up more in detail later on. 

The Storehouse, which is the general term for tool house, and 
yard where material and large plant are stored, may be under 
the manager, superintendent, or directly under the purchasing 
agent or such other officer as may perform the duties of pur- 
chasing agent. This department is usually in charge of a store- 
keeper who has such clerks and laborers as may be necessary, 
and in the case of there being material and storage yards for 
plant there may be a yardmaster or foreman and such assist- 
ants as may be necessary. The storehouse should be carefully 
arranged so that the tools can be readily gotten at and readily 
repaired and kept in good condition, it even being advisable to 
have a blacksmith, machinist, and carpenter with their helpers 
to keep up repairs when a plant is busy. All pieces of plant 
upon being returned to the storehouse should be put in good 
repair ready to go out on another piece of work without delay, 
as special plant is usually sent out in response to a tele- 
gram from the superintendent or foreman in the field to 
help in emergencies. Such stock as is carried in the store- 
house or yards should be carefully arranged and carefully sorted 
out so that it can be readily shipped and so that material will 
not be purchased which is already in stock. 

The Transportation Department of a large contract corpora- 
tion or organization is also a very important one and may be 
in charge of either the purchasing agent, transportation super- 
intendent, or shipping clerk. In either case the man in charge 



ORGANIZATION OF CONTRACT WORK 137 

should be well informed as to the different classes and makes 
of tools and as to the requirements of tools for doing various 
kinds of work, so that the most suitable outfit, an outfit in 
proper shape to do work, will always be sent out to the various 
contracts, as otherwise great inconvenience and even loss 
result. In a large city it is necessary to have teams for doing 
the hauling to city work, and at the different depots and docks 
from which plant and material are to be shipped. The superin- 
tendent of this part of the transportation department may 
also be in general charge of such teams as are used on the various 
contracts direct. 

Where contract work is being carried on in such a region as 
New York Harbor, San Francisco Bay, or Puget Sound, tugboats, 
launches, and lighters are quite necessary for the economical 
and proper handling of contracts, and the superintendent of the 
transportation department should have an assistant in charge 
of the floating plant or equipment, who thoroughly understands 
tugboat operation and the operation and care of lighters or 
scows and floating pile drivers. 

The Field Organization may be under the direct charge of 
the general manager or chief engineer, with a superintendent or 
superintendents in direct charge of the construction work, as 
may be necessary to provide for the different classes of work 
handled, such as municipal work, bridge work, and dredge 
work, which are distinct and separate kinds of construction. 
Each separate contract will be in charge of an assistant superin- 
tendent for a large piece of work or a foreman for a medium sized 
or small contract. Where the contract is a large one, under either 
an assistant superintendent or a foreman, there will be one or 
more subforemen or as they are usually called, ''straw bosses," 
in charge of the various branches of the work. On work of any 
size a timekeeper will be necessary for keeping the time of the 
men, making out time checks, checking off material, and doing 
such other clerical work as may be necessary. It is necessary to 
have a man in direct charge of each contract, whether as assistant 
superintendent or foreman, who is capable of handling men and 
getting the maximuin amount of work out of them and keeping 
everything in the way of help and plant up to its greatest efli- 
ciency and at the lowest possible cost. A poor foreman will 
easily drop the estimated profit on a job by reason of keeping 



138 ENGINEERING AND CONTRACTING 

inefficient men, paying a higher rate of wages than is necessary, 
or faiUng to keep his plant up in first-class shape. He must 
also see that the work is laid out far enough ahead so that men 
and material can be kept on the ground to insure the work mov- 
ing along without any hitch and without expensive delays. 

Bridge Shop Organization, while a distinct branch of con- 
tracting, is more properly a branch of manufacturing, the bridge 
company having its general officers similar to those before 
enumerated. The shop itself will have a superintendent 
thoroughly posted on every branch of the work and preferably 
an educated engineer who can reason and figure out everything 
for himself. He will have an office force consisting of stenog- 
raphers, material clerks, and timekeepers to assist in thoroughly 
organizing and superintending the plant. The work in the shops 
will be in charge of foremen reporting to the superintendent, 
consisting of a yard foreman, who looks after the receiving and 
storing of material and the shipping out of the finished product, 
a foreman of the templet shop, where all of the templets or 
wooden patterns are made for laying out the work and marking 
holes to be punched for riveting up the material. And there will 
also be a pattern department under this foreman for making 
patterns for castings that may be used either in the plant or 
for the making of iron or steel castings for contract work. In 
addition to this there will be a foreman of the straightening 
sheds, laying-out department, punching department, riveting 
department, boring department and planing department, the 
machine shop and the forge shop. If a foundry is operated, 
there will also be a foreman in charge of this. Where plants 
are operated both day and night, it will be necessary to have an 
assistant superintendent and a duplicate of all of the shop 
organization, or so much of it as is operating double turn. 

While the foregoing is simply an outline of the organization 
that it is advisable to have for various kinds of work, do not over- 
look the fact that it must be modified to suit conditions and to 
''make the punishment fit the crime." Whatever you do when 
you are put in charge of work, do not make the very common 
mistake of making your organization top-heavy, as it is impos- 
sible or impracticable to have sufficient help to make contract 
work easy for those engaged in it without making it top-heavy 
and making the general expenses of the concern run beyond 



ORGANIZATION OF CONTRACT WORK 139 

what is economical or possible from the standpoint of cost. 
After twenty years in this kind of work, the writer has found it 
impossible to get along without putting in long hours and, as 
the saying is, '^ working practically day and night and Sunday" 
to keep things moving along without waste or excessive cost. 
In this, as in most other things which are made a success, genius 
simply consists of hard work, and there is no ** royal road" to 
making the wheels turn around continuously and smoothly. 



140 



ENGINEERING AND CONTRACTING 





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CHAPTER X. 

ESSENTIALS OF CONTRACT LAW. 

The various definitions of a contract have been given in 
Chapter II, but in this chapter will be given a synopsis of the 
law of contracts, so as to cover the entire subject in an abbrevi- 
ated form. 

The Essentials of a Contract are given in "Clark on Con- 
tracts" as follows: 

*'As there must be an agreement directly contemplating and 
resulting in an obligation, and the agreement must be enforceable 
in the law, therefore, 

" (a) There must be a distinct communication by the parties 
to one another of their intention, or an offer and acceptance. 

" (h) The agreement must possess the marks which the law 
requires in order that it may affect the legal relations of the 
parties, and be an act in the law. Therefore (1) it must be in 
the form required by law. (2) There must be a consideration, 
when required by law. 

** (c) The parties must be capable in law of making a valid 
contract. 

*' {d) The consent expressed in offer and acceptance must be 
genuine. 

" (e) The objects which the contract proposes to effect must be 
legal.'' 

An Offer and Acceptance is the usual method preliminary to 
the making of a contract. In other words, one party must make 
an offer and the other party accept the same exactly as the 
offer was made, in order for the written offer and acceptance 
to constitute a contract in themselves or form the basis for a 
formal written contract. 

In case the offer and acceptance are verbal, it is necessary to 
put the contract in writing and have it signed by both parties 

Note: — This chapter is derived from " Clark Ou Contracts," and the arrange- 
ment of this admirable work has been closely followed. Exact quotations have 
been made in some instances and throughout the construction has been pre- 
served as nearly as possible consistent with the brevity required. 

142 



ESSENTIALS OF CONTRACT LAW 143 

in order to make the transaction a legally safe one, as it might 
be difficult to prove the verbal contract. 

The offer may be either in writing or verbally, or by means of 
an act, such as where one party goes ahead and performs work 
for another under conditions where, without any objection on 
the part of the person having the work done, it is reasonable 
to suppose he will pay for the services. In other words, the 
doing of the work is an offer and the silent consent of the other 
party may be a legal acceptance. 

When an offer is made without limitation as to time of accept- 
ance, it may be accepted by the party to whom it is made in any 
reasonable time. But if the acceptance contains provisos or 
modifies the terms of the offer, then the party making the offer 
is not legally bound unless he later assents to the changes. In 
other words, the acceptance of an offer must be absolute and 
unconditional and exactly according to the terms of the offer 
in every respect. The offer must be intended to create and 
capable of creating legal relations. 

If there is no limit set upon the time of acceptance of the 
offer, it may be withdrawn at any time prior to its acceptance, 
except at common law ''an offer under seal cannot be revoked." 

If the person receiving the offer has mailed or telegraphed 
an acceptance previous to the receipt by him of the withdrawal 
of the offer, then the contract is completed and is legally binding. 

The death of either party before acceptance causes an offer 
to lapse. 

Contracts are classified as contracts under seal and con- 
tracts of record. 

A contract of record may be defined as a judgment whereby 
a sum of money is awarded to one of the parties to the suit by 
a court of record, and is an obligation upon one party to pay the 
amount so awarded to the other party concerned in the suit. 
When this judgment has been entered by the court it becomes 
a contract. 

For a contract under seal no consideration is necessary 
and a longer time is allowed for action than in the case of the 
simple contract. A contract under seal acts as a merger of a 
former simple contract, and the parties to the contract are 
estopped thereby. 

At common law it is necessary to liave a contract under seal 
where the promise made is without any consideration; antl all 



144 ENGINEERING AND CONTRACTING 

conveyances of land must be made under seal in most juris- 
dictions. 

Contracts must be in Writing. This covers bills of exchange 
and promissory notes under common law and by statute. In 
some states of the Union it is necessary to have in writing 
acceptance of bills of exchange and various orders for the pay- 
ment of money, also the acknowledgment of a debt which has 
been barred by the statute of limitations, or the renewal of a 
promise previously made by an infant, when an infant has 
attained legal age. 

In some other specified contracts the statute of frauds re- 
quires them to be in writing. 

The Statute of Frauds is based on an old English statute 
relating to frauds and perjuries which was enacted in the year 
1677, it being stated therein that it was enacted for the ''Preven- 
tion of many fraudulent practices, which are commonly endeav- 
ored to be upheld by perjury and subornation of perjury." 

The fourth and seventeenth sections are the ones which have 
a bearing on the forms of simple contracts, but do not, however, 
apply to contracts which are created by law, or instruments 
which by means of special statutes derive their obligations there- 
from, nor to executed contracts. The reader is referred to 
works on the law of contracts for a full discussion of this question. 

Consideration is one of the vital points of any contract, and is 
that which passes between the parties to a contract as payment 
for the performance of the contract. 

This must be a valuable consideration, although not necessarily 
in money, but its equivalent; although if a negotiable con- 
tract has passed to a bona fide purchaser, the want of a con- 
sideration would not make the contract void. 

The consideration does not have to be of necessity adequate, 
but must be something of value in the regard of the law, although 
the fact of the consideration being inadequate may be evidence 
of fraud and grounds for relief from a contract as proving fraud 
or undue influence. 

While the consideration is not required to be in money or 
adequate in amount, it must have some real value, such as a bona 
fide act by one party or detriment suffered by the other. 

One promise is sufficient consideration for another, but the 
promises must be concurrent, and while promises may be 



ESSENTIALS OF CONTRACT LAW 145 

contingent or conditional, they must be mutual so that both 
parties are bound or neither is bound. 

Forbearing to do a thing may constitute a consideration, 
but when one is legally bound to do a thing, the mere promising 
to do it does not constitute a consideration, as the forbearing 
may arise from a previous contract or by reason of some law. 

It is no consideration to make a promise to do a thing which 
i& impossible on account of some law, and a promise must not 
be foregoing any legal right. 

A consideration cannot be provided for by promising to do 
something which is illegal or by doing that which is illegal. 

The consideration cannot be considered past unless it was 
given at the request of the promisor, or where the promisee 
agrees to pay for something voluntarily done, which could be 
legally required of the promisor, or where the person by making 
a new promise revives an old agreement which is not void and 
under which he was benefited, but which may become void by 
reason of law. 

The Capacity of Parties to make Contracts is a very 
important thing in any kind of a contract, and incapacity may 
result from political status, professional status, youth, idiocy, 
insanity, drunkenness, merger of capacity, or artificiality of 
construction. 

The authorized agents of the United States or states, but 
only in case they further the business of the government and 
comply with the regulations of the Constitution of the United 
States and the states, may bring suit on their contracts, but can 
only be sued subject to constitutional provisions and provisions 
of the states. 

A contract cannot be enforced against foreign states, sovereigns, 
or their representatives, but they can enforce contracts in our 
courts, provided, of course, that if they submit to suit the 
contract can be enforced against them. 

Aliens or alien enemies have power to make contracts exactly 
the same as citizens, and they may be sued and sue on contracts, 
but this docs not apply to alien enemies during hostilities, 
except upon the consent of the government, although there 
may be exceptions to this. An alien enemy, however, may be 
sued on a contract already in existence, and in such an event 
defend the same, and a war does not dissolve contracts which 



146 ENGINEERING AND CONTRACTING 

were in existence previous thereto, except those which were 
continuing in nature. 

Convicts may sue and be sued upon contracts, unless pro- 
hibited by the state, and they can also make contracts, unless 
it is prohibited by the state. 

A lawyer or barrister in England cannot bring suit for payment 
for his services, but this restriction does not exist in the United 
States. 

Contracts made by Infants are subject to such numerous 
rulings in law that the reader is referred to a treatise on the law^ 
of contracts for a full discussion of the subject, it being enough to 
say here that some of the contracts made by an infant are valid 
ones, while a few in some states are void, but most of them may 
be simply avoided at the option of the infant. 

Contracts made by an Insane Person may be avoided at his 
option with the exception of contracts which have been created 
by law, or quasi contracts. Also in many jurisdictions where 
the sane party acted without actual knowledge of the othei* 
party's insanity and the contract is made in good faith. 

Contracts made with an insane person are void in many 
jurisdictions when the contract has been made by a person 
declared insane by the courts and where a guardian has been 
, appointed. 

In some jurisdictions, deeds made by an insane person are void, 
and in many jurisdictions powers of attorney or agency are 
void if executed by an insane person. 

Contracts made by a Drunken Person, when so drunk as 
not to be able to understand the nature or facts, may be avoided 
at his option except that he is liable the same as an insane person 
where contracts are created by law or are quasi contracts. 

Most of the rules relating to the contracts of drunken persons 
are exactly the same as those relating to infants and insane 
persons. 

The Laws Relating to Contracts made by Married Women 
vary so much in the different states that they will not be referred 
to here, but the reader should look up any particular case in an 
authority on the subject. 

Corporations are Artificial in their Nature and their 
contracts can only be made by an officer of the corporation duly 
authorized to do so by the articles of incorporation or by-laws 



ESSENTIALS OF CONTRACT LAW 147 

of the company, and unless restricted by its charter may sign 
contracts in the same manner as an individual, although it is 
usually advisable, but not always necessary, to use the corporate 
seal upon a contract. 

Mutual Agreement. It is necessary in every contract that the 
agreement be mutual, or in other words, the parties thereto must 
have the same understanding about the subject-matter, and it 
may happen that there is no real consent to the contract because 
of a mistake, misrepresentation, fraud, duress, or undue influence. 

Mistake is where one party understood one thing and the 
other party a different thing from the wording or construction of 
the contract, or possibly both may have meant the same thing 
but had a different idea as to the subject-matter of the contract 
itself. In case mistake is proven, it will, in many cases, void a 
contract, although there is, of course, nothing criminal about it. 

Misrepresentation is where, without any criminal intent, one 
party has given the other party a wrong understanding, and as 
this is not mistake, it simply renders a contract voidable. 

Fraud is where the misrepresentations have been made 
intentionally, and when proven, the contract is voidable at the 
option of the party injured. 

Duress is where one party has been forced to sign a contract 
by reason of threats of violence or imprisonment either to 
himself or to one of his immediate family, and it must be proven 
to make the contract voidable at the option of the party who has 
received the injury. 

Undue influence is where a person is induced to sign a contract 
by reason of advantage having been taken of his weakness of 
mind, insanity, or by reason of some authority held over him. 
When this is proven the contract is voidable at the option of the 
injured party. 

The Object of the Contract must be Legal. In case the 
object of a contract is not legal, the agreement cannot be 
enforced and is therefore in reality no contract at all. Such 
contracts may consist in a violation of some actual law or may 
be merely against public policy. Where the contract violates 
a positive law, it may be either some rule of common law or a 
statute. Where it is a violation of a common law, it may be 
one involving the commission of a crime or a civil wrong. 

In certain cases the lawmaking body may by statute pro- 



148 ENGINEERING AND CONTRACTING 

hibit the making of certain contracts, such as the regulation 
of particular lines of business or commerce, the sale of liquors, 
Sunday-closing laws, established rates of interest, and laws 
against public policy. 

Public policy may be violated in contracts tending to hurt 
or injure the public service, tending towards the corruption of 
private citizens in public matters, contracts to obstruct justice, 
or encourage litigation. This policy may be violated also by 
contracts which are immoral in tendency, which refer to gambling 
transactions, or which tend to fraud, betrayal of trust, or affecting 
the marriage or parental relation. 

The most usual form of contract against public policy is one 
which is made between business firms or corporations in restraint 
of trade, such as control of output of commodities or the killing 
of competition, which, of course, tend to create monopoly; and 
under the head of corporate wrongs might also be cited the 
exempting of corporations as well as individuals from legal 
liability for negligence. 

Promises in illegal contracts to make remuneration in money 
are nearly always void, unless the contract has been purchased 
in a bona fide manner by other parties, in which case there may 
be, under certain laws, an enforcement of the contract. 

Contracts in their Operation cannot generally involve a 
person who is not a party to them, except in a case where one of 
the parties to a contract simply acts as the agent of another, or 
where the contract has been assigned to other parties in a legal 
manner, but in some states other parties may be involved by 
statute. 

Where a contract is one of employment, it of course imposes 
an obligation on other persons not to interfere and endeavor to 
make the employee break the contract; and some courts have 
gone so far as to declare that the principle holds in all contracts. 

Rights cannot be conferred by contract upon a third person 
except where the promisor becomes a trustee for the benefit 
of other parties, or where money passes to the promisor for a 
third party, in which case this third party can legally sue for 
the same. 

Other parties than those making a contract may become 
interested in the same by the voluntary acceptance of an 
assignment, or through the provision of some law, such as the 



ESSENTIALS OF CONTRACT LAW 149 

transferring of rights in land upon a woman's marriage, or by 
reason of death or bankruptcy. 

Contracts where more than one party is involved upon one 
or both sides may be joint, several, or both joint and several. 

Contracts are interpreted by evidence and rules of 
construction. 

Where a contract is alleged to have been made verbally, 
the facts in reference thereto are questions for the jury; as to 
whether or not these facts constitute a contract is a question 
of law for the courts to determine, and if a person is proven to 
have entered into a contract verbally upon certain conditions, 
he cannot deny what he stated at the time the contract was 
made. 

Where a contract has been entered into verbally and later 
reduced to writing, parol evidence cannot be offered thereafter 
to alter the same; and if the contract is one that has been made 
under seal, it in itself is at common law proof of the contract. 

Where there is a statement in writing of the contract, and 
not under seal, it is only evidence of a contract and not one in 
itself. 

Construction of a contract is governed by very general rules. 
The plain and usual meaning of words is to be taken as governed 
by ordinary usage, but technical terms are to be understood in 
their technical sense. The construction which will best carry 
out the intention of the contracting parties is the one that should 
be held to, and this intention should be gleaned from the entire 
contract and not from a portion thereof. 

Other minor rules are that grammatical mistakes which 
are obvious will be corrected. Generally words must be 
specific with reference to the subject of the contract. Where 
two meanings can be given to the contract, the one will generally 
be used which will make it valid, and it will also be interpreted 
in a reasonable rather than an unreasonable sense. The party 
using certain words in a contract will have them interpreted most 
strongly against him. Where there is a question of doubt, the 
meaning placed upon a contract by the parties thereto will bo 
used, except where there is a conflict between the printed matter 
and any portion in writing, in which case the written words 
will control. 

Time must always be considered as the essence of a contract 



150 ENGINEERING AND CONTRACTING 

at common law, but in equity it is otherwise, unless it was 
intended by the parties to make time of the essence by express 
terms or fair implications. Where such an intention is absent a 
reasonable time will be given. 

A penalty or liquidated damages is an amount fixed upon 
by the parties to a contract to be forfeited in case of default. 
Treatment is distinctly set forth in 'Tlark on Contracts" as 
follows : 

^'It may be recovered if it was really fixed upon as liquidated 
damages for non-performance. This is subject to the rules 
of construction stated below. 

'^But if it was intended in the nature of a penalty in excess of 
any loss likely to be sustained, the recovery will be limited to 
the loss actually sustained. 

*'In determining whether the sum named is a penalty or 
liquidated damages, these rules may be stated: 

''The courts will not be guided by the name given to it by 
the parties. 

''If the matter is of uncertain value, the sum fixed is 
liquidated damages. 

''If a debt is to be paid by installments, it is no penalty to 
make the whole debt due on non-payment of an installment. 

" If some terms of the contract are of certain value, and 
some are not, and the penalty is applied to a breach of any one 
of them, it is not recoverable as liquidated damages." 

Joint and several contracts are also treated by the same 
author as follows: 

'^ Whether or not a contract with several persons on either 
or both sides is to be construed as joint or several depends upon 
the intention of the parties as manifested in the evidence of 
their agreement. The following rules may be stated: 

''A promise by two or more in the plural number is prima 
facie joint, while a promise in the singular is prima facie several; 
but this presumption will yield if, from the whole agreement, a 
contrary intention appears. 

*' Subscriptions by a number of persons to promote some 
common enterprise, though joint in form, are several promises. 

"If the words will admit of it, the contract, as regards the 
promisees, will be joint or several, according as their interest 
is joint or several." 



ESSENTIALS OF CONTRACT LAW 151 

Contracts may be discharged, or in other words, legally ful- 
filled, by reason of an agreement between the contracting parties, 
which may be in the form of an offer to cancel, or another con- 
tract to be substituted for it; or discharged by reason of some 
clause in the original contract which cancels it. 

An agreement for the discharge of the contract must be in 
the same general form as any other contract. 

The discharge of a contract by performance is where a promise 
has been carried out by the promisor and also where one 
promise has been given as a consideration for another and both 
of them have been performed. 

Performance may also consist in the making of payment 
in full as set forth in the contract, or this payment may consist 
of a continuing payment made in legal form. 

Where one of the parties to a contract breaks it, the rule is 
that the one injured has the right to legal action and in some 
cases it fully discharges the contract, although this will depend 
upon circumstances. 

The discharge may consist in impossibility of performance; 
but this will not discharge a contract legally, except where the 
conditions have been created by law or where the subject referred 
to in the contract has been disturbed, or where a person has been 
incapacitated for rendering personal services. 

Bankruptcy also effects a release from a contract where the 
court has given an order of discharge to the bankrupt. 

The remedies to be had by the injured party upon the 
breaking of a contract are that he is not required to make any 
further performance of the contract; he may sue upon the 
contract for work done thereon; or a suit may be brought for 
damages by reason of loss sustained, or for the specific perform- 
ance by the other party to the contract. 

Quasi Contracts. '^ Contracts in Fact " are usually the only 
ones where a legal action can be maintained. There are, how- 
ever, cases where the law will create a fictitious promise, so that 
redress may be obtained by ''action of assumpsit." This is 
what is meant by a '' Quasi Contract." 

These may be based upon a court judgment; a statutory, 
official or customary duty; or the theory that for one person 
to profit at the expense of another is an injustice. 

'* Whenever one person requests or allows another to assume 



152 ENGINEERING AND CONTRACTING 

such a position that the latter may be compelled by law to dis- 
charge the former's legal liabilities, the law imports a request 
and promise by the former to the latter, — a request to make 
the payment, and a promise to repay, — and the obligation thus 
created may be enforced by assumpsit." 

^^ Wherever one person has money to which, in equity and 
good conscience, another is entitled, the law creates a promise 
by the former to pay it to the latter, and the obligation may 
be enforced by assumpsit." 

''Under certain circumstances, where one person has con- 
ferred upon another benefits in the way of property, services, 
etc., and cannot show a promise in fact by the latter to pay 
for them, the law will breate an obligation, because of the re- 
ceipt of the benefits, to pay what they are reasonably worth." 



INDEX 

PAGE 

Accounting department organization 135 

Advertisement for bids 54, 123 

on dredging Olympia Harbor 59 

on paving 131 

on State canal .^ 129 

sample forms 128 

Alternate bids 127 

Alterations in contracts 29 

American Railway Engineering and Maintenance of Way Association, 

testing specifications 49 

Anchor bolts specifications 44 

Architects' scale of charges 89 

Auditing department organization 135 

Bed plates specifications 44 

Bidders instructions 55, 59, 68, 86 

requirements 127 

Bidding on engineering work 123 

Bids, alterations 57 

alternate 127 

knack of winning 126 

low 7 

rejection 127 

unit 127 

when received 57 

Bond, signature 56 

Bonds 13 

Bookkeeping blanks 140 

Brickwork daily report blank 119 

Bridge, bridges: 
contracts (see contracts). 

cost estimate blanks 113 

details, estimate of quantity 108 

erection, inspection 96 

estimating material 107 

inspection 95 

lengths, specified 36 

loadings 30 

shop organization 138 

specifications (see specifications). 

163 



154 INDEX 

VAGE 

Bridge, bridges (continued). 

steel, advertisement for bids 13? 

stone, advertisement for bids 132 

tests 38 

wind loads 37 

Building, buildings: 
contract (see contract), 

estimate of quantity of materials 109 

Bureau of Docks and Yards specifications for rolling mill products 48 

Canal, advertisement for bids 129 

Cancellation of contracts 30 

Capacity of parties to mS^ke contracts 145 

Castings 37 

steel (see steel). 

Cement 38 

bag, contents 102 

barrel, contents 102 

chemical analysis 82 

constancy of volume 101 

cost Ill 

inspection 99 

natural, constancy of volume 103 

definition 102 

fineness 102 

tensile strength 102 

packing ^ 82 

physical quahties 82 

Portland, constancy of volume 104 

definitions 103 

fineness 103 

specific gravity 103 

tensile strength 103 

setting qualities 82 

specifications 82, 102 

specific gravity 101 

storage 82, 102 

tensile strength 83 

testing 82 

Certified checks to accompany bids 123 

Charges, architects' scale 89 

engineers' services 89 

Claims 30 

Clearances in steel work 39 

Clearing ground 68 

Commissaiy, daily report blank 120 

Concrete, daily report blank 119 

depositing 85 



INDEX 155 

PAGE 

Concrete (continued). 

estimate of quantity 108 

finish 85 

forms 85 

mixing 84, 99 

specifications 84 

tamping 85 

work, cost Ill 

Concrete-steel construction 31 

specifications 81 

Consideration 11 144 

Contract, contracts: 

advertisements 128 

alterations 29, 78 

annulment. 77 

bridge, standard I7 

building 14^ 78 

payments I5 

cancellation 30 

capacity of parties to make I45 

changes 29, 74 

classification I43 

consideration H 141 

construction rules I49 

county, standard 25 

definition 10 

discharged by performance 151 

dredging, advertisement 130 

elements 18 

essentials 142 

government I5 2I 

advertisement 128 

grammatical mistakes I49 

interpretation I49 

last clause 13 

law 142 

liquidation damages 150 

made by corporations 146 

drunken persons 146 

married women 146 

object legal 147 

of record 143 

opening clause 11 

operation 148 

ordinary forms 10 

penalty 150 

railroad 28 



166 INDEX 

PAGE 

Contract, contracts (continued). 

released by bankruptcy 151 

signature 56 

special forais 88 

under seal 143 

uniform 14 

verbal 149 

work, organization 133 

Contracting department, organization 134 

Contractor, liability 31 

relation to engineer 1 

responsibility 78 

supervision 78 

Cooper's specifications 35 

Corduroy road 71 

Corporation law of Nevada 91 

Corporations, contracts made by 146 

Corrugated iron (see iron). 

Cost cement , Ill 

corrugated iron Ill 

dredges 110 

dredging 110 

estimate blanks for bridges 113 

estimating 106, 109 

excavation 1 10 

forms for concrete Ill 

foundations Ill 

gravel Ill 

labor, laying concrete Ill 

laying pipe Ill 

operation of steam shovel 110 

report 109 

sand Ill 

steel 110 

steel work Ill 

Covenant 28 

Culverts 71 

Daily report blanks 116 

Delays, avoidable 77 

unavoidable 76 

Departments organization 135 

daily report blank 121 

weekly report blank , 122 

Derricks daily report blanks 120 

Ditches for roads 70 

Drains for roads , 70 

Dredges, cost 110 



INDEX 157 

PAGE 

Dredging advertisement for contract 129 

cost 110 

estimate of day's work Ill 

of quantity 108 

machine, cost 110 

Earthwork estimate of quantity 108 

Elastic limit various materials (see name of material). 
Elongation various materials (see name of material). 

Engineer, between contractor and principal 5 

graduate, advice to beginner 6 

need of business training 2 

reception by practical man 2 

start as inspector 95 

relation to contractor 1 

scale of charges 89 

Engineering department organization 134 

Erection steel work specifications 47 

Estimates, monthly 89 

Estimating 106 

blanks lOG 

costs 106, 109 

paper 106 

system 107 

Excavation 69 

cost 110 

Foremen 8 

Forms for concrete, cost Ill 

specifications 85 

Foundations, cost Ill 

inspection 98 

specifications (see specifications). 

Field organization 137 

work specifications 53 

Fire insurance 91 

Girders, plate 41 

Government contracts (see contracts). 

Graduate (see engineer). 

Gravel cost Ill 

specifications 84 

Grubbing 69 

Guaranty 55 

to accompany proposal 65, 66 

Incorporation articles 92 

Inspection 30 

bridge 95 



158 INDEX 

PAGE 

Inspection (continued). 

bridge erection • 97 

cement 99 

engineering work 94 

facility afforded by contractor 79 

foundations 98 

sand 99 

steel at mill 50 

in rolling mills 96 

in shop 52 

stone 100 

structures 37 

Inspectors, character 94 

for engineer 4 

Instructions for bidders 55, 59, 68, 86 

Insurance, fire 91 

liability 90 

Invoices 52 

Iron, corrugated, cost Ill 

span 42 

weight 40 

specifications 48 

character 45 

elastic limit 46 

elongation 46 

specifications 45 

standard test pieces 45 

tensile strength 46 

Labor, class to employ ; 8 

cost report 109 

importation 55 

laying concrete, cost Ill 

Lacing bars, sizes 44 

Law of contracts 142 

corporation 91 

Liability policy 90 

Lighting 35, 42 

Liquidated damages 13, 150 

Loading bridge 36 

invoices 52 

Louvers 42 

Material estimating 106 

in rolling mill, inspection 96 

received, daily report blank 116 

specifications ; 45 

Members compression, specifications 43 

tension, specifications 43 



INDEX 159 

PAGE 

Mill buildings, specifications 34 

Mill inspection 50 

tests 50 

Mount Rainier National Park Road, specifications 68 

Mutual agreement , . . 147 

Natural cement (see cement). 

Navy Department specifications (see specifications). 

specifications for rolling mill products 48 

Nevada corporation law 91 

Offer and acceptance 142 

Office organization 133 

Olympia Harbor dredging specifications 54, 59 

Organization of contract work 133 

Painting 35 

specifications 47 

steel after erection 53 

in shop 52 

Paving advertisement for bids 131 

Payments 80 

method 7 

Penalty 150 

Pile driving 81 

daily report blank 118 

Piles, specifications 81 

Pipe, cost of laying Ill 

Plans, checking by contractor 79 

relation to specifications 75 

Portland cement (see cement). 

Price various materials (see name of material) . 

Proposal, blank form 126 

for construction of a road 74 

for dredging 65 

forms 124 

Pumping, daily report blank 117 

Purchasing department organization 134 

Purlins 41 

specifications 43 

Quasi contracts 151 

Railroad contract (see contracts). 

Retaining walls 70 

Riveting specifications . ., 44 

Rivets, specifications . . . .^V'^sj5. 51 

steel, specifications 48 

workmanship 45 



160 INDEX 

PAGE 

Roads, construction specifications 68 

surfacing 71 

Rolling mill products Navy Department specifications. 48 

Sand 38 

cost Ill 

inspection 99 

specifications 84 

Seal 14 

Sewers, advertisements for bids 131 

Shipping invoices 52 

Shop inspection 52 

work specifications 52 

Snow load 34, 39 

Specification, specifications: 

American Railway Engineering and Maintenance of Way Association . 49 

anchor bolts 44 

bed plates 44 

bridge 36 

broken stone 84 

Bureau of Docks and Yards, for rolling mill products 48 

castings 37 

cement 82, 102 

clauses which make trouble 6 

compression members in trusses 43 

concrete 84 

concrete-steel 81 

Cooper's 35 

culverts 71 

definition 33 

ditches for roads 70 

dredging 54, 59 

favor one bidder 7 

forms for concrete 85 

foundations 38 

general headings 33 

gravel 84 

iron 48 

labor 8 

lighting 35 

materials 45 

method of doing work 6 

method of payment 7 

mill buildings 34 

Navy Department 54 

ordinary 33 

painting 35, 47 

piles : 81 



INDEX 161 

PAGE 

Specifications (continued) . 

purlins 43 

quay wall 75 

relation to plans 75 

rivet steel 48 

riveting 44 

rivets 51 

road construction 68 

sand 84 

shop work 52 

snow loads 34 

steel 37 

buildings 39 

castings 48 

concrete. 81 

erection 47 

roofs 39 

structural 48 

shop work 50 

special forms ; 54 

sway bracing 44 

tension members 43, 44 

War Department 54 

wind pressure 34 

writing 33 

wrought iron 45, 48 

Spikes 38 

Statute of frauds 144 

Steam shovel, cost of operation 110 

Steel 37 

bending strain 41 

castings, specifications 48 

cost 110 

elastic limit 46 

erection 53 

for concrete erection 53 

for concrete, specifications 81 

members, unit strains 41 

price 107 

properties 48 

rivet specifications 48 

shearing strain 41 

soft 46 

medium . . . ., 46 

specifications 46 

standard test pieces 4(i 

stmctural specifications (Navy) 48 

tensile strength 40 



162 INDEX 

PAGK 

Steel (continued), 

tension strains 41 

testing blank form 105 

tests 49 

work cost Ill 

Stone, broken, specifications 84 

inspection -..,.... 100 

Storehouse organization 136 

Subcontracts 32 

Superintendence daily report blank 116 

of work 136 

Surety 55 

Surfaces workmanship 45 

Sway bracing specifications 44 

Synoptic system of bookkeeping 135 

Tensile strength various materials (see name of material). 

Tension members (see members). 

Testing, blank form 105 

Timber estimates of quantity' 106 

unit strains 41 

used in structure, daily report blank 117 

Time sheet 109 

Trains daily report blank 120 

Transportation department organization 136 

Trusses, weight 40 

\ 
Uniform contract (see contract). 

Unit bids, comparison 127 

Unit strains, various materials (see name of material) . 

Ventilators 42 

Wages 8 

War Department specifications (see specifications) . 

Weight various materials (see name of material). 

Wind loads 37, 40 

pressure 34 

Work, method of doing 6 

organization 133 

superintendence 136 

Workmanship specifications 45 

Wrought iron (see iron). 



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